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Weekly Cases Update Volume 46, Issue 9

Friends of Animals v. Ashe

46 ELR 20062
15-0653 (D.D.C., March 2016)

A district court dismissed conservation groups' lawsuit challenging FWS' and DOI's decision to issue permits authorizing two American hunters to import the trophies they garnered in legal hunts of black rhinoceros in Namibia. The groups argued that issuance of the permits violated the APA, ESA,...

Endangered Species, Standing

Sturgeon v. Frost

46 ELR 20057
14-1209 (U.S., March 2016)

The U.S. Supreme Court reversed a lower court decision barring a hunter from using a hovercraft over a stretch of the Nation River that flows through the Yukon-Charley Rivers National Preserve, a conservation system unit in Alaska that is managed by NPS. The hunter argued that NPS' ban on...

Alaska National Interest Lands Conservation Act, Regulations

Department of Toxic Substances Control v. Technichem, Inc.

46 ELR 20061
12-cv-05845 (N.D. Cal., March 2016)

A district court held on motions for summary judgment that a hazardous waste management company should be held liable under CERCLA for PCE contamination, but that material issues of disputed fact preclude a finding that an employee should be liable as an "operator." The testimony of the company'...

Owners and operators

Sierra Club v. McCarthy

46 ELR 20056
15-01165 (N.D. Cal., March 2016)

A district court ordered EPA to either promulgate revised emissions standards for the the pulp mill and nutritional yeast manufacturing source categories, or issue a determination that such standards are not required under the CAA. EPA promulgated emissions standards for both of these major...

Hazardous air pollutants, §112

Montana Environmental Information Center v. Montana Department of Environmental Quality

46 ELR 20058
2012-1075 (Mont. Dist. Ct., March 2016)

A Montana court vacated and remanded a water discharge permit that the state's environmental agency issued to a coal mine in southeastern Montana. The agency's decisions are arbitrary and not supported by the law, and when viewed in its totality, the record demonstrates clear errors of judgment...

Water quality standards, State programs, §402(b)

National Wildlife Federation v. U.S. Army Corps of Engineers

46 ELR 20060
14-1701 (D.D.C., March 2016)

A district court held that conservation groups lacked standing to challenge the U.S. Army Corps of Engineers’ decision to reissue a nationwide permit (NWP 13) authorizing the discharge of dredged and fill material to construct bank stabilization projects. The groups alleged that the Corps...

Nationwide permit

In re Oil Spill by the Oil Rig "Deepwater Horizon"

46 ELR 20059
2179 (E.D. La., March 2016)

A district court granted an oil company's motion to dismiss claims filed against it for economic losses stemming from the government's moratorium on offshore drilling in the aftermath of the Deepwater Horizon disaster. The oil company is a responsible party under OPA, and the plaintiffs...

Liability, §1002