Free Newsletter
Administrative : Environmental – Water Quality Standards – Standing
Stephanie Maniscalco//April 16, 2018//
Where a city was operating under a permit that allowed discharge into a stream inconsistent with the total maximum daily load under EPA regulations and the permit was soon to expire, the city established injury in fact to support standing, but the case was ripe for review, so the district court erred in granting the EPA summary judgment on two counts.
Judgment is affirmed in part; vacated; remanded.
City of Kennett v. Environmental Protection Agency (MLW No. 71553/Case No. 17-1713 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh Jr., J. (Jeremy Root, Jefferson City, argued for appellant; Aimee Davenport appeared on the brief) (Michael Thomas Gray, Jacksonville, Florida, argued for appellee).
Related Content
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Latest Opinion Digests
- Criminal Law-Second-Degree Rape-Sufficiency of Evidence
- Criminal Law-Witness Tampering-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Abandonment by Counsel
- Criminal Law-Filing Criminal Charges-Attorney General Aid
- Criminal Law-Civil Commitment-Sexually Violent Predator
- Criminal Law-Assault-Prosecutorial Misconduct
- Real Property-Prescriptive Easement-Public Right of Way
Top stories
- 8th Circuit rejects tribal school funding appeal
- 8th Circuit reverses shoreline use permit revocation
- Missouri Bar committee seeks input on rural legal service gaps
- Appeals court orders new look at conversion therapy case following Supreme Court ruling
- Jury finds seat belt maker liable in $40.5M child injury case
- Injured motorist recovers policy limits, plus medical damages in under a year
- Mother obtains six-figure settlement after rear-end crash leads to lifelong pain
- 8th Circuit affirms denial of preliminary injunction against SB 751
