Thursday, May 5, 2016

Tooele County v. United States

<> Tooele County v. United States - 5/3/16. In the U.S. Court of Appeals, Tenth Circuit, Case No. 15-4062. Wilderness Alliance indicates that the court order clears the path for Tooele County resident Michael Abdo and the Southern Utah Wilderness Alliance to move forward with a state court lawsuit that could derail the State of Utah's RS 2477 litigation which they say is an ongoing campaign to wrest federal public lands away from Americans.
     On legal details, the Panel ruled, "The second exception to the Anti-Injunction Act does not apply, and the district court erred by concluding that it could enjoin the state-court proceedings. This error requires reversal and remand for further proceedings."

Monday, May 2, 2016

National Surety Corporation v. Dustex Corporation

<> National Surety Corporation v. Dustex Corporation - 4/29/16. In the U.S. Court of Appeals Case, Eighth Circuit, Case Nos: 15-2096 & 15-2328. This is an insurance-coverage dispute that began with an arbitration proceeding, expanded to state court, and eventually made its way to federal court. The district court concluded that Dustex failed to establish the affirmative defense of estoppel. On appeal, Dustex raised two arguments: (1) the district court erred by applying Iowa law rather than Georgia law to the estoppel claim, and (2) the district court erred in finding that Dustex failed to establish its affirmative defense of estoppel. The Appeals Court affirmed the district court opinion.

Wednesday, April 27, 2016

Natural Resources Defense Council v. NRC

<> Natural Resources Defense Council v. NRC - 4/26/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1225. National Resources Defense Council (NRDC) challenges the Nuclear Regulatory Commission's (NRC's) denial of NRDC's request for a hearing and subsequent application for a waiver, in the matterr of Exelon's Limerick nuclear power station in Pennsylvaniaasserting the process was inconsistent with the procedural rigor mandated by the National Environmental Policy Act (NEPA). 
     The Appeals Court ruled, "We find the Commission reasonably concluded NRDC's request to intervene was a challenge to a general rule. . . and, contrary to NRDC's view, while NEPA requires agencies to take a hard look before approving a major federal action, it does not mandate adoption of a particular process for doing so. Having failed to show its contentions were unique to Limerick, NRDC also was not entitled to a waiver. We conclude the Commission's actions were not arbitrary and capricious and deny the petition."

Tuesday, April 26, 2016

In Re: U.S. DOD & EPA & the Definition Of WOTUS

<> In Re: U.S. DOD & EPA & the Definition Of WOTUS - 4/21/16, Order denying en banc review. In the U.S. Court of Appeals, Sixth Circuit, Consolidated Case Nos. 15-3751 /3799/ 3817/ 3820/ 3822/ 3823/ 3831/ 3837/ 3839/ 3850/ 3853/ 3858/ 3885/ 3887/ 3948/ 4159/ 4162/ 4188/ 4211/ 4234/ 4305/ 4404.

  • WOTUS Case Update - There will be no hearing of the full U.S. Court of Appeals for the Sixth Circuit on the waters of the United States rule (WOTUS) as a result of an order issued Apr 21 by the court in Cincinnati -- instead of the entire 23-judge court reviewing the case, the illegal future of the rule will remain in the hands of a three-judge panel.
  • Clean Water Act rule rehearing denied
  • In Re: U.S. DOD & EPA & the Definition Of WOTUS - 2/22/16, opinion of the U.S. Court of Appeals, Sixth Circuit in the consolidated case

Friday, April 22, 2016

Hughes v. Talen Energy Marketing, LLC

<> Hughes v. Talen Energy Marketing, LLC - 4/19/16. In the U.S. Supreme Court, Docket No. 14-614H. In a unanimous 8-0 decision the Supreme Court said, ". . .the Court of Appeals for the Fourth Circuit held that Maryland's scheme impermissibly intrudes upon the wholesale electricity market, a domain Congress reserved to FERC alone. We affirm the Fourth Circuit's judgment." 

Monday, April 18, 2016

Kansas, et al v. U.S. EPA

<> Kansas, et al v. U.S. EPA - 4/15/16. In the U.S. Court of Appeals, D.C. Circuit, Case No.14-1268, unpublished ruling. Petitioners are two states – Kansas and Nebraska – and two non-profit organizations – Energy Future Coalition and Urban Air Initiative, Inc. – that allege the MOVES2014 model violates the Administrative Procedure Act -- in their view, MOVES2014 constitutes a legislative rule promulgated without notice and comment.
     The Appeals Court ruled, "We first address Petitioners' standing and, finding none, have no occasion to reach the merits of the case."

Tuesday, March 29, 2016

Ohio v. Sierra Club

<> Ohio v. Sierra Club - 3/28/16. In the U.S. Supreme Court, Docket No. 15-684. The Supreme Court refused to hear an appeal of a significant decision of the Sixth Circuit that said, "We find that the [Sierra] Club has standing, and we agree with its claim that 'reasonably available control measures' are a prerequisite to redesignation. Therefore, we vacate EPA's redesignation of the Ohio and Indiana portions of the Cincinnati area."

  • Sierra Club v. EPA - 3/18/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 12-3169, 12-3182 & 3420.
  • Ohio v. Sierra Club – more details