Peter Jenkins, senior counsel at Public Employees for Environmental Responsibility, who represented Marin Audubon Society in the case, said he had only expected a few people in the Bay Area to be interested in the court ruling.
“The focus of the case, it was not about the CEQ regulations and their validity, and so for the court to hijack this case and make it about that was improper,” Jenkins said.
He said he expects the administration to appeal the case. Marin Audubon Society is still exploring its legal options.
“We anticipate that the full D.C. Circuit will likely not agree with this 2-1 decision,” he said.