Current Weekly Cases Update
The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please refer to the Weekly Cases archives.
Volume 46, Issue 26
Goodeagle v. United States
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 government argued CERCLA's...
Ohio Valley Environmental Coalition, Inc. v. McCarthy
A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired." The groups' members use some, but not all, impaired...
Tennessee Clean Water Network v. Tennessee Valley Authority
A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege that TVA knew that the ash ponds' construction and the area'...
American Farm Bureau Federation v. U.S. Environmental Protection Agency
The Eighth Circuit reversed a lower court decision that livestock farm groups lacked standing to bar EPA from releasing their members' personal information in...
New England Anti-Vivisection Society v. United States Fish & Wildlife Service
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...
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