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Weekly Cases Update Volume 46, Issue 26

Goodeagle v. United States

46 ELR 20152
12-431L et al. (Fed. Cl., September 2016)

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...

Held not to preclude, Natural resource damages

Ohio Valley Environmental Coalition, Inc. v. McCarthy

46 ELR 20151
3:15-0271 (S.D. W. Va., September 2016)

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...

Total maximum daily loads (TMDLs), §303(d)

American Farm Bureau Federation v. U.S. Environmental Protection Agency

46 ELR 20149
15-1234 (8th Cir., September 2016)

The Eighth Circuit reversed a lower court decision that livestock farm groups lacked standing to bar EPA from releasing their members' personal information in response to...

Exemption No. 6

Tennessee Clean Water Network v. Tennessee Valley Authority

46 ELR 20150
3:15-cv-00424 (M.D. Tenn., September 2016)

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'...

Tennessee Valley Authority, Violations

New England Anti-Vivisection Society v. United States Fish & Wildlife Service

46 ELR 20153
16-cv-149 (D.D.C., December 2015)

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...

Endangered Species Act (ESA)