Thursday, April 17, 2014

NRDC v. Jewell

<> NRDC v. Jewell - 4/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-17661 involving multiple parties. The en banc decision addresses the Endangered Species Act (ESA) requirement that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. The Panel says: "We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has 'some discretion' to take action for the benefit of a protected species." Reverse and remand.

Wednesday, April 16, 2014

White Stallion Energy Center v. U.S. EPA

<> White Stallion Energy Center v. U.S. EPA - 4/15/14: In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1100, consolidated with over two dozen cases. The split Panel denied the challenges to EPA's emission standards for mercury and a number of listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units.

Tuesday, April 15, 2014

Communities for a Better Environment v. U.S. EPA

<> Communities for a Better Environment v. U.S. EPA - 4/11. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1423. "Petitioners argue that EPA's decisions concerning both the primary and secondary standards for carbon monoxide were arbitrary and capricious. We conclude that EPA acted reasonably in retaining the same primary standards for carbon monoxide, and that petitioners lack Article III standing to challenge EPA's decision not to set a secondary standard for carbon monoxide."

Tuesday, April 8, 2014

Huron Mountain Club v. Army Corps of Engineers, et al

<> Supreme Court: U.S. Supreme Court Rejects U.P. Eagle Mine Appeal - The High Court declined to hear the case of Huron Mountain Club v. Army Corps of Engineers, et al, without comment letting stand the 6th Circuit decision

Monday, April 7, 2014

El Paso Natural Gas Company v. USA

<> El Paso Natural Gas Company v. USA - 4/4/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5156. "This is a weighty case, involving numerous claims concerning environmental hazards at three sites on Navajo land near Tuba City, Arizona. . . Given the number of statutes, claims, and locations at issue, we have summarized below the issues on appeal and our holdings with respect to each question before the court.

Friday, April 4, 2014

Supreme Court: McCutcheon v. Federal Election Commission

<> Supreme Court: McCutcheon v. Federal Election Commission - Symposium: McCutcheon opens the door to massive party contributions, but four Justices continue to push back forcefully. Complete coverage, opinion, and all briefs

Thursday, March 27, 2014

Organized Village of Kake v. USDA

<> Organized Village of Kake v. USDA - 3/26/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-35517. The panel reversed the district court's order, which invalidated a 2003 United States Department of Agriculture regulation temporarily exempting the Tongass National Forest in Alaska from application of the 2001 Roadless Area Conservation Rule.