Thursday, February 11, 2016

Reece v. AES Corporation

<> Reece v. AES Corporation - 2/9/16. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-7010. Plaintiffs' class action suit alleged that several companies were responsible for environmental pollution stemming from the generation and disposal of coal-combustion waste and fluid waste from oil and gas drilling. 
     Plaintiffs challenge the district court's denial of their two motions for remand and also its dismissal of their amended complaint. The Panel ruled: "Because we agree with the district court's disposition of the remand motions and conclude that Plaintiffs failed to adequately allege the element of injury in their amended complaint, we affirm the district court's judgment."

Wednesday, February 10, 2016

SCOTUS: Clean Power Plan Carbon Pollution Controls On Hold

<> SCOTUS: Clean Power Plan Carbon Pollution Controls On Hold - Dividing five to four, the Supreme Court on Tuesday evening ordered the Obama administration not to take any steps to carry out its "Clean Power Plan," a move that may stall the plan until after the president leaves office next January -- the order — issued in identical form in individual responses to five separate challenges — will spare the operators of coal-fired power plants from having to do anything to begin planning for a shift to energy sources that the government considers to be cleaner.

  • Example of the five orders - "The Environmental Protection Agency's 'Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,' 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicants' petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants' petition for a writ of certiorari, if such writ is sought."

Tuesday, February 9, 2016

DeKalb County v. U.S. Department of Labor, et al.

<> DeKalb County v. U.S. Department of Labor, et al. - 2/8/16. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 14-15435. The petition for review request clarification of the standard the Department of Labor's Administrative Review Board applies to an appeal from an Administrative Law Judge's findings and conclusions in a proceeding under the Federal Water Pollution Control Act.
     The Panel concludes: ". . .that reviewing for substantial evidence would not have changed the result because the Board reversed the ALJ on matters of law, not fact. We therefore deny the petition for review."

Thursday, February 4, 2016

State of Nebraska v. EPA

<> State of Nebraska v. EPA - 2/3/16. In the U.S. Court of Appeals, Eighth Circuit, Case Nos.12-3084 &12-3085. The Panel ruled U.S. EPA did not exceed its statutory authority in rejecting the State of Nebraska's   Best Available Retrofit Technology (BART) determination for the Gerald Gentleman Station, a Nebraska electric power plant subject to BART because of its impact on sites in South Dakota, Oklahoma, Colorado and Missouri; nor did the EPA err in promulgating a federal implementation plan relying on the Transport Rule to satisfy the Clean Air Act as that decision was not arbitrary, capricious or otherwise not in accordance with the law; EPA's decision not to require a scrubber at the Station was not an abuse of its discretion.

Monday, February 1, 2016

In re: Idaho Conservation League, et al.

<> In re: Idaho Conservation League, et al. - 1/29/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1149. On Petition For Writ of Mandamus to the U.S. EPA. Opposition intervenor National Mining Association. Petitioners and EPA have now filed a joint motion for an order on consent establishing an agreed upon schedule for a rulemaking for the hardrock mining industry and timetable by which EPA would consider whether other industries would be involved with a financial assurance rulemaking.
   The Panel ruled: "We grant the joint motion. At least one of the petitioners has standing under Article III of the Constitution, and because the joint motion resolves the issues presented by the petition for mandamus, the court has no occasion to decide whether EPA's delay in promulgating section 108(b) regulations was unreasonable delay for which mandamus would lie."

Friday, January 29, 2016

Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops

<> Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops - This week, the Ninth U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA) -- The three-sentence order, which does not include the judge's reasoning, denied EPA's request.

Wednesday, January 27, 2016

25 States Asks U.S. Supreme Court to Stay Clean Power Rule

<> 25 States Asks U.S. Supreme Court to Stay Clean Power Rule - West Virginia Attorney General Patrick Morrisey and Texas helped lead officials from 29 states and state agencies in urging the U.S. Supreme Court to immediately halt the "ongoing damage" caused by the Environmental Protection Agency's Power Plan -- they said, "The rule illegally forces states to overhaul their energy portfolio and does so without congressional authority, costing countless jobs, increasing electricity prices and jeopardizing energy reliability." [includes link to the application & appendices]