October 25, 2021

Volume XI, Number 298

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Information Injury is A Thing in The Ninth Circuit, But For How Long?

Last week, a split panel in the Ninth Circuit concluded that ordinary citizens had a sufficient interest in the existence and accuracy of information a NPDES permit holder was required to submit to the Government to confer upon those citizens standing to sue the permit holder for the absence of such information.  But a recent Supreme Court decision ruling is causing some to question whether the Ninth Circuit's word will be the last words.  More here.

My conclusion is it is unclear how the six justices in the majority in TransUnion would view what this panel concluded about the informational injury suffered in Corona Clay.

 

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 270
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About this Author

Jeffrey R. Porter, Environmental Attorney, Mintz Levin, Risk Analysis Lawyer
Member

Jeff leads the firm’s Environmental Law Practice. He is also a member of the firm’s Policy Committee. For 23 years, he has advised clients regarding complex environmental regulatory compliance and permitting issues, including issues relating to air and water discharges and hazardous waste storage and disposal. In 2011 and 2012, the firm received the Acquisition International Legal Award for “US Environmental Law Firm of the Year.” The awards celebrate excellence and reward firms, teams and individuals for their contribution to client service, innovation and commitment to quality.

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