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Permissive, FRCP 24(b)

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that citizens have standing to seek civil monetary penalties against a private shipyard for past and present Federal Water Pollution Control Act (FWPCA) violations. The court denies the shipyard's motion in limine...

Wademan v. Concra

The court holds that a husband and wife lacked standing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Federal Water Pollution Control Act (FWPCA), and the Resource Conservation and...

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...

Russian River Watershed Protection Comm. v. Santa Rosa, City of

The court holds that the executive officer of a regional board had the discretion to determine a city's method of compliance with national pollutant discharge elimination system (NPDES) permits. The court first holds that the district...

Huron Envtl. Activist League v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not "utilize" a cement industry working group as an "advisory committee" within the meaning of the Federal Advisory Committee Act (FACA). Although EPA determined...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that landowners, timber companies, and a sport fisherman guide may not intervene in an environmental group's action to compel the U.S. Fish and Wildlife Service (FWS) to list the bull trout as an endangered species. The...