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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 51, Issue 27

WildEarth Guardians v. Haaland

51 ELR 20178
Nos. 2:19-cv-09473-ODW (KSx) (C.D. Cal., September 2021)

A district court granted summary judgment for an environmental group in a challenge to FWS' decision not to list the Joshua tree as threatened under the ESA. The group challenged the Service's findings that Joshua trees were not threatened under either the five threat factors or throughout a...

Findings on petitions to list, §4(b)(3)

Inland Empire Waterkeeper v. Corona Clay Co.

51 ELR 20177
Nos. 20-55420 and 20-55678 (9th Cir., September 2021)

The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally discharged pollutants into navigable waters, failed to monitor the discharge as required by its NPDES...

"Discharge of pollutants" construed

Food & Water Watch v. U.S. Environmental Protection Agency

51 ELR 20176
Nos. 20-71554 (9th Cir., September 2021)

The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge" requirements for production and land-application areas. The...

Permit issuance