Activist Case Involving Chicken Farm Fails in D.C. Circuit on Standing Grounds

On June 22, 2021, the U.S. Court of Appeals for the District of Columbia Circuit dismissed an action brought by Food & Water Watch against the U.S. Department of Agriculture (USDA) challenging the environmental assessment made in connection with the Farm Service Agency’s guarantee of loan to a Maryland chicken farmer.  Food & Water Watch v. U.S. Dep’t of Agriculture, ___ F.3d ___, No. 20-5100 (D.C. Cir. June 22, 2021).  Plaintiff had argued that the agency’s finding of no significant impact for the guarantee violated the National Environmental Policy Act (NEPA).  The district court found standing to sue but rejected the plaintiff’s challenge on its merits.  On appeal, however, the D.C. Circuit ruled that the plaintiff had no Article III standing. Continue reading “Activist Case Involving Chicken Farm Fails in D.C. Circuit on Standing Grounds”

D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing

by John M. Simpson.

A U.S. District Court in the District of Columbia recently dismissed a lawsuit brought under the Endangered Species Act (ESA) and the federal Administrative Procedure Act by the Center for Biological Diversity (CBD) against the Secretary of the Interior and the U.S. Fish and Wildlife Service (FWS).  Center for Biological Diversity v. Bernhardt, No. 18-2576 (RC) (D.D.C. Feb. 12, 2020).  CBD asserted that FWS’s guidelines for species-specific species status assessments (SSA’s) were issued without the requisite notice and comment.  The guidelines for species-specific SSA’s provide an analytical framework for the agency’s listing and critical habitat decisions under the ESA.  The court dismissed the case for lack of Article III standing. Continue reading “D.C. District Court Dismisses Endangered Species Act Case for Lack of Article III Standing”