Ocean Advocates v. United States Army Corps of Engineers

ORDER

The opinion filed on March 15, 2004, appearing at 361 F.3d 1108 (9th Cir.2004) is amended as follows: Page 3151, lines 1-2: delete “See Public Citizen v. Dep’t of Transp., 316 F.3d 1002 , 1014 (9th Cir.2003).”

Page 3164, line 7: replace “dock” with “refinery”

Page 3167, lines 6-14: replace “With the dock extension, though, the BP facility can handle additional traffic beyond what market forces might bring about alone. The New platform facilitates an increase in tanker traffic and is a “but for” cause of this increase in tanker traffic even if it is not the sole source of the increase. Public Citizen, 316 F.3d at 1024 (holding that even where “it is impossible to separate” the causes of increases in traffic, the influence of the challenged activity on increased traffic is still an important causal effect).” with “With the dock extension, though, the BP facility can handle even greater increases in traffic, should market forces dictate such increases. Because a “reasonably close causal relationship” exists between the Corps’ issuance of the permit, the environmental effect of increased vessel traffic, and the attendant increased risk of oil spills, the Corps had a duty to…