Fishermen May Challenge FWS' Termination of Sea Otter Translocation Program
The Ninth Circuit reversed and remanded a lower court's dismissal of a lawsuit filed by commercial fishermen challenging FWS' decision to terminate the southern sea otter translocation program off the coast of California. A district court dismissed the complaint, concluding that it constituted a facial challenge to a 1987 regulation and was thus untimely. But the operative agency action challenged was the FWS' 2012 decision terminating the program, not the 1987 regulation.
Settling CAA Defendants Enter Proposed DOJ Consent Decree for Violations at Petroleum Refineries
Settling CAA defendants responsible for violations at six petroleum refineries in Alaska, California, Hawaii, North Dakota, Utah, and Washington must pay a $10,450 civil penalty to the United States and the states, undertake extensive measures to correct the alleged violations, and perform three projects to mitigate excess emissions associated with the violations.
SDWA Citizen Suit Against Flint, Michigan, Officials May Go Forward
A district court held that citizen groups may go forward with their SDWA lawsuit against various Flint, Michigan, officials for mishandling the city's water treatment and distribution system. The defendants filed motions to dismiss, arguing that the federal district court should not, or cannot, get involved, and that the plaintiffs should be content with the remedial course charted by EPA. But the court disagreed.
The July 2016 issue of ELR's News & Analysis features two pieces on coal: an article that looks at the legal and economic issues of putting a carbon charge on BLM coal; and a transcript to an ELI seminar on the CAA power plant regulation and the grandfathering of coal. The issue also examines the recent Volkswagen emissions scandel, the environmental decisions of Supreme Court nominee Justice Merrick Garland, forest fire damages and ecological benefits, and Pennsylvania's Environmental Rights Amendment.