RECENT CASE SUMMARIES:

CTR. FOR BIOLOGICAL DIVERSITY V. KEMPTHORNE
9th Circuit

Summary judgment in favor of defendants, agency officials, in a suit under the Endangered Species Act (ESA) is reversed where defendants' challenged decision, regarding listing the Sierra Nevada Mountain Yellow-Legged Frog as an endangered species, standing alone, failed to make the determinations required by 16 U.S.C. section 1533(b)(3)(B) for a “warranted but precluded” finding.

http://caselaw.lp.findlaw.com/data2/circs/9th/0416563p.pdf


AMERICAN CHEMISTRY COUNCIL V. DEP'T OF TRANSP.
D.C. Circuit

Petitions for review filed by plaintiff associations of hazardous materials manufacturers, shippers, and transporters challenging defendant's rule defining when hazardous materials are being loaded, unloaded, or stored incidental to their movement, are dismissed as plaintiffs have not demonstrated Article III standing under the U.S. Constitution to bring their challenge.

http://caselaw.lp.findlaw.com/data2/circs/dc/031456a.pdf