Legal Opinion
American Canoe Ass'n v. United States Environmental Protection Agency
District Court, E.D. Virginia
Decided December 18, 1998No. 98-979-APublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
Plaintiffs in this suit assert that the Clean Water Act (CWA) and the Endangered Species Act (ESA), in conjunction with the Administrative Procedure Act (APA), impose various nondiscretionary and discretionary duties on the United States Environmental Protection Agency (EPA) and that EPA has failed to perform these duties. In its Rule 12(b)(6), Fed.R.Civ.P., threshold dismissal motion, EPA, joined by intervenor, Virginia Association of Municipal Wastewater Agencies (VAMWA), denies that such duties exist or, alternatively, claims that EPA has fulfilled…
2Cases cited34 opinions
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- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
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3Cited by27 opinions
- Missouri Soybean Ass'n v. Missouri Clean Water CommissionSupreme Court of Missouri · 2003
- Communities for a Better Environment v. Cenco Refining Co.District Court, C.D. California · 2001
- American Farm Bureau Federation v. United States Environmental Protection AgencyDistrict Court, M.D. Pennsylvania · 2013
- American Forest Resource Council v. AsheDistrict Court, District of Columbia · 2013
- Natural Resources Defense Council, Inc. v. FoxDistrict Court, S.D. New York · 2000
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