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Weekly Cases Update Volume 46, Issue 30

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

ELR 20168
16-1534 (D.D.C., October 2016)

A district court held that a Native American tribe may file its own complaint as an intervenor in another tribe's challenge to U.S. Army Corps of Engineers permits for the Dakota Access pipeline. The court agreed with the petitioning tribe that it is not necessary at this stage to proceed on...

Intervention, FRCP 24, Native Americans

Murray Energy Corp. v. McCarthy

ELR 21067
5:14-cv-39 (N.D. W. Va., October 2016)

A district court held that EPA, in connection with its enforcement and implementation of the CAA, failed to adequately evaluate potential job losses, particularly with respect to the coal industry, in violation of CAA §321(a). Section 321(a) requires EPA to “conduct continuing evaluations of...

Regulatory program