®: CRE Regulatory Action of the Week
Enviros Win Case That May Support Judicial Review of Data Quality Act Petitions
Click for Sixth Circuit informational injury decision.
The American Canoe Association and the Sierra Club recently won a case in the United States Court of Appeals for the Sixth Circuit that suggests courts can review Data Quality Act petitions on "informational injury" grounds.
The case, American Canoe Association et al. v. City of Louisa Water & Sewer Commission et al., holds that the two Enviro NGOs have informational standing to sue municipal water treatment facilities under the federal Clean Water Act for allegedly failing to comply with the monitoring and reporting requirements of their water pollution permit. In other words, if a federal law gives the public a right to a certain type of information, then the public can enforce that right in federal court.
The court's holding may also support judicial review of requests for correction under the Data Quality Act because the Act requires most federal agencies to meet specified quality standards when they disseminate information to the public.