That could be the case with the approval of ANWR drilling, as AltHippo points us to a suggestion that no one might show up to actually drill:
“Unless Congress were to do something that would prevent litigation or intervention on permits, which is unlikely, companies will think hard about tangling with various environmental groups,” [Michelle Michot Foss, director of the Institute for Energy, Law & Enterprise at the University of Houston] predicts.
Of course, does anyone believe that Congress wouldn’t extend such immunity from liability? I’ll wait before calling this a victory.