Friends of Earth v. Mosbacher

Overseas Private Investment Corporation (OPIC) (defendant) was an agency of the United States created to provide capital and skills to countries transitioning from nonmarket to market economies. OPIC insured and financed overseas investments for various projects. Export-Import Bank (Ex-Im) (defendant) was an independent governmental agency and wholly owned government corporation that provided financing support for United States exports. Ex-Im primarily offered export insurance and guarantees to enable United States exporters to purchase finished products, purchase raw materials, cover standby letters of credit serving as bid bonds, or finance foreign receivables. OPIC and Ex-Im had concluded that neither was a major contributor to greenhouse gases or climate change. Friends of the Earth (FOE) (plaintiff) alleged that OPIC and Ex-Im had provided, and continued to provide, financial support to international fossil-fuel projects that emitted greenhouse gases (GHGs). FOE identified seven illustrative projects where OPIC and Ex-Im funded foreign projects such as oil pipelines, oil fields, and coal-fired power plants. FOE alleged that before OPIC and Ex-Im agreed to provide financial support for such projects, they were required to conduct an environmental review under NEPA because these projects were major federal actions. FOE and OPIC and Ex-Im filed cross-motions for summary judgment.