Ashley Creek Phosphate Co. v. Norton

McKEOWN, Circuit Judge.

The issue we address is whether Ashley Creek Phosphate Company has standing to bring this action under the National Environmental Policy Act (“NEPA”). Ashley Creek has no environmental stake in the phosphate mining project at issue, which is some 250 miles from the phosphate Ashley Creek controls. Indeed, its only interest is an economic one: if the project does not go forward, Ashley Creek speculates that it might become an alternate supplier of phosphate. Because it has shown neither an injury in fact nor an interest within the zone of interests protected by section…