Groups Lack Standing to Challenge Chimpanzee Transfer
A district court held that animal rights groups lack standing to challenge FWS' decision to allow the National Primate Research Center to transfer eight of its chimpanzees to a zoo in the United Kingdom. FWS authorized the transfer under ESA §10 on the condition that the Center donate money to an unrelated non-governmental organization for a chimpanzee conservation program.But the groups lacked the threshold requirements for standing.
Tribe May Seek Natural Resources Despite Ongoing Cleanup Efforts
The Court of Federal Claims, in a case involving several claims arising out of the alleged federal mismanagement of tribal lands, held that CERCLA does not bar a tribe from seeking natural resource damages even though cleanup efforts at the site are not complete. The tribe has experienced, and will continue to experience, measurable loss while cleanup is underway. Nor are the tribe's breach of trust claims preempted by CERCLA.
The September 2016 issue of ELR's News & Analysis looks at the "waters of the United States" rule and its impact on the agricutlural production sector, concluding that EPA's and the Corps' jurisdiction under the new definition is, if at allchanged, more limited than under the preexisting rule. The issue also features an article on the statute of limitations period for CERCLA contribution actions with regard to administrative order on consent. Also included is a book excerpt from Contemporary Issues in Climate Change Law and Policy (ELI Press 2016), as well as the transcript to a recent ELI seminar on communicating scientific uncertainty.