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Weekly Cases Update Volume 47, Issue 4

Center for Biological Diversity v. EPA

47 ELR 20016
14-16977 (9th Cir., February 2017)

The Ninth Circuit affirmed in part and reversed in part a district court's dismissal of environmental groups' claims that EPA violated the ESA when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with NMFS and FWS. The district court...

Endangered Species Act (ESA)

Board of Water Works Trustees of the City of Des Moines v. Sac County Board of Supervisors

47 ELR 20017
16-0076 (Iowa, January 2017)

The Iowa Supreme Court held that a city utility cannot sue upstream drainage districts over excess nitrate pollution in the utility's water source. The utility attempted to sue entities that drain wetlands so they can be turned into productive farmland for monetary damages, claiming agricultural...

Safe Drinking Water Act (SDWA)

Thomas v. Exxon Mobil Corp.

47 ELR 20018
16-15750 (E.D. La., January 2017)

A district court refused to remand to state court a case where a plaintiff alleged that exposure to two petroleum companies' benzene-containing products caused him to develop cancer, finding that a party was fraudulently joined to prevent removal. The plaintiff originally sued the petroleum...

Toxic Substances (generally)