Friends of the Earth U.S. v. Export-Import Bank of the United States

Summary

The court affirmed denial of a preliminary injunction against Eximbank's resumption of loan disbursements for a natural-gas project in Mozambique. It held that the appellants lacked organizational standing based on the denial of notice-and-comment participation, alleged increased service burdens, and the absence of economic analyses, but had shown a substantial likelihood of informational standing regarding environmental disclosures. The court nevertheless concluded that the appellants were unlikely to succeed because NEPA does not apply to the project's wholly extraterritorial environmental effects and Eximbank's disclosure obligation under its procedures was not triggered.