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ENVIRONMENTAL LAW CASES

ENVIRONMENTAL LAW CASES 

U.S. 9th Circuit Court of Appeals, May 14, 2009
Ctr. for Biological Diversity v. Marina Pt. Dev. Co., No. 06-56193
In a Clean Water Act (CWA) and Endangered Species Act (ESA) action against a developer, judgment for Plaintiffs is vacated and the District Court is instructed to dismiss for lack of jurisdiction where: 1) Plaintiffs failed to notify Defendants of their intent to sue as required by the CWA; and 2) Plaintiffs' claims under the ESA were moot.   Read more...

U.S. 11th Circuit Court of Appeals, May 11, 2009
Abdur-Rahman v. Walker, No. 08-12345
In a 42 U.S.C. section 1983 action based on Plaintiffs' discharge by the state Department of Public Works for reporting violations of the Clean Water Act (CWA), judgment on the pleadings for Defendants is affirmed, where there is no private right of action for violating the CWA and Plaintiffs' reports were not citizen speech under the First Amendment.   Read more...

 

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