Mobil Oil Exploration & Producing Southeast, Inc. v. United States, 530 U.S. 604, 7 (2000)

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610

MOBIL OIL EXPLORATION & PRODUCING SOUTHEAST, INC. v. UNITED STATES

Opinion of the Court

Where approval is warranted, Interior must act quickly— within "thirty days" of the company's submission of a proposed Plan. § 1340(c)(1).

Second, the company must obtain an exploratory well drilling permit. To do so, it must certify (under CZMA) that its Exploration Plan is consistent with the coastal zone management program of each affected State. 16 U. S. C. § 1456(c)(3). If a State objects, the certification fails, unless the Secretary of Commerce overrides the State's objection. If Commerce rules against the State, then Interior may grant the permit. § 1456(c)(3)(A).

Third, where waste discharge into ocean waters is at issue, the company must obtain a National Pollutant Discharge Elimination System permit from the Environmental Protection Agency. 33 U. S. C. §§ 1311(a), 1342(a). It can obtain this permit only if affected States agree that its Exploration Plan is consistent with the state coastal zone management programs or (as just explained) the Secretary of Commerce overrides the state objections. 16 U. S. C. § 1456.

Fourth, if exploration is successful, the company must prepare, and obtain Interior approval for, a Development and Production Plan—a Plan that describes the proposed drilling and related environmental safeguards. 43 U. S. C. § 1351. Again, Interior's approval is conditioned upon certification that the Plan is consistent with state coastal zone management plans—a certification to which States can object, subject to Commerce Department override. § 1351(a)(3).

C

The events at issue here concern the first two steps of the process just described—Interior's consideration of a submitted Exploration Plan and the companies' submission of the CZMA "consistency certification" necessary to obtain an exploratory well drilling permit. The relevant circumstances are the following:

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