Thursday, July 2, 2015

Bruce Goldfarb v. Mayor and City Council of Baltimore

<> Bruce Goldfarb v. Mayor and City Council of Baltimore - 7/1/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 14-1825. Residents brought statutory claims under the RCRA against the current and former owners of an industrial property in Baltimore alleged to have been contaminated by hazardous waste. The district court granted the property owners' motions to dismiss the claims. 
     The Appeals Court vacated the district court's judgment and remand the case for further proceedings. The Panel said, in part, "the district court erred in dismissing the claim against Maryland Chemical for failure to allege 'contribution' under § 6972(a)(1)(B)."

Wednesday, July 1, 2015

Alaska Eskimo Whaling Commission V. EPA

<> Alaska Eskimo Whaling Commission V. EPA - 6/29/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-70633. The panel granted in part and denied in part a petition for review brought by the Alaska Eskimo Whaling Commission, challenging the Beaufort Permit issued by U.S. EPA under the NPDES provisions of the Clean Water Act, authorizing the discharge of oil and gas exploration facilities of 13 waste streams into marine waters of the Beaufort Sea in accordance with conditions set forth in the Permit.

Monday, June 29, 2015

U.S. Supreme Court decides Michigan v. EPA

<> U.S. Supreme Court decides Michigan v. EPA - 6/29/15. In the U.S. Supreme Court, Docket Nos. 14–46, 14–47, and 14–49. SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS, and ALITO, JJ., joined. THOMAS, J., filed a concurring opinion. KAGAN, J., filed a dissenting opinion, in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. 
     5-4 decision indicates that EPA unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

Friday, June 26, 2015

Bear Valley Mutual Water v. Salazar/Jewell (DOI)

<> Bear Valley Mutual Water v. Salazar/Jewell (DOI) 6/25/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-57297. The panel affirmed the district court's summary judgment in favor of federal defendants in an action brought by plaintiff municipalities and water districts challenging a 2010 Final Rule designating areas for the threatened Santa Ana sucker as critical habitat.

Wednesday, June 24, 2015

Cook v. Rockwell International

<> Cook v. Rockwell International - 6/23/15. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-1112.  As summarized by Law360, "The Tenth Circuit ordered a Colorado district court to deliver landowners a ruling on their state nuisance theory after their 25-year plutonium contamination class action against Dow Chemical Co. and the former Rockwell International Corp. failed on federal grounds."
     The Appeals Court ruled in part, "This long lingering litigation deserves to find resolution soon. The judgment of the district court is vacated and the case is remanded for proceedings consistent with this opinion."

Association of Irritated Residents (AIR) v. US EPA

<> Association of Irritated Residents (AIR) v. US EPA - 6/23/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-73398. The panel denied a petition for review brought by the Association of Irritated Residents seeking review of EPA's promulgation of 40 C.F.R. § 52.245 under § 110(k)(6) of the Clean Air Act, an error-correcting provision, after the EPA determined that it had mistakenly approved certain New Source Review rules in 2004 as part of California's State Implementation Plan.

Tuesday, June 23, 2015

WildEarth Guardians v. US Forest Service

<> WildEarth Guardians v. US Forest Service – 6/22/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-35434. The panel affirmed in part, reversed in part and remanded for further proceedings the district court's judgment in an action challenging the United States Forest Service's decision to designate over two million acres of public land in the Beaverhead-Deerlodge National Forest for use by winter motorized vehicles.