Ocean Advocates v. United States Army Corps of Engineers

Ocean Advocates (OA), an environmental group, appeals a summary judgment ruling in favor of the U.S. Army Corps of Engineers (the Corps) and BP West Coast Products (BP). 1 OA challenges the issu- *1115 anee and extension of a permit allowing BP to build an addition to its existing oil refinery dock in Cherry Point, Washington. OA argues that the district court erred in granting summary judgment to the Corps and BP, insisting that the permit violates the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 , and the Magnuson Amendment to the Marine Mammal Protection Act (MMPA), 33 U.S.C. § 476 . BP cross-appeals the district court’s denial of its motion for summary judgment on grounds that OA lacks standing and that laches bars this action.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

FACTUAL AND PROCEDURAL BACKGROUND

I. Cherry Point Marine Terminal

Cherry Point is an approximately ten-mile stretch of coastline located in the Strait of Georgia in northeast Puget Sound. It has been described as “a shoreline of statewide significance,” by the Whatcom County Hearing Examiner.

BP first constructed a refinery to…