Monday, July 28, 2014
NRDC v. US FDA - 7/23/14. In the
Court of Appeals, Second Circuit, Case No. 12-2106. Defendants, Food and Drug Administration (FDA) challenge the district court's conclusion that FDA is required to proceed with hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed and that its decision denying two citizen petitions urging it to hold such hearings was arbitrary or capricious. In a split decision, with a lengthy dissent, the Majority reversed the district court decision and remanded to the district court with instructions to deny the plaintiffs' motion for summary judgment, grant the defendants' motion for summary judgment, and dismiss the action. U.S.
Posted by WIMS at 11:51 AM
WildEarth Guardians v. U.S. EPA - 7/23/14. In the
Court of Appeals, Tenth Circuit, Case No. 13-9524. WildEarth Guardians filed a petition for review of the Federal Implementation Plan (FIP) to reduce regional haze from the Four Corners Power Plant on the Navajo Reservation in northwestern New Mexico; saying EPA did not consult with the Fish and Wildlife Service as required under the Endangered Species Act (ESA). The Panel denied the petition saying it could not create a duty to consult under the ESA because it would have required the EPA to exceed the clearly delineated boundaries of the FIP. U.S.
Posted by WIMS at 11:49 AM
Monday, July 21, 2014
USA v. Volvo Powertrain Corporation - 7/18/14. In the
Court of Appeals, D.C. Circuit, Case No. 12-5234. Volvo Powertrain argues that a consent decree has no application to the Volvo Penta engines even though, under the language of the decree, the engines were manufactured at a "facility owned or operated by" a settling company. The district court disagreed, and it held Volvo Powertrain liable and ordered Volvo Powertrain to pay approximately $72 million. The Panel agreed with the district court decision and found no abuse of discretion. U.S.
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Readers Note: Upcoming Vacation Days: We will not be publishing the remainder of this week (Tuesday, the 22nd through Friday, the 25th). Next week we will be back on Monday, Tuesday & Wednesday; and off again on Thursday and Friday July 31 & August 1).
Posted by WIMS at 11:44 AM
Friday, July 18, 2014
WildEarth Guardians v. EPA - 7/17/14. In the
Court of Appeals, Ninth Circuit, Case No. 12-71523. On challenges to the U.S. Nevada air pollution SIP, the Panel concluded that the EPA's decision was not arbitrary and capricious and that EPA's approval of 's SIP did not violate any requirements imposed by 42 U.S.C. § 7410(1). Nevada
Posted by WIMS at 11:50 AM
Wednesday, July 16, 2014
Ralls Corporation v. Committee on Foreign Investment - 7/15/14. In the
Court of Appeals, D.C. Circuit, Case No. 13-5315. The case challenges a decision by Committee on Foreign Investment in the United States (CFIUS) and a Presidential Order denying a transaction by a Chinese company to purchase 4 wind farms in U.S. saying they posed a threat to national security. The district court dismissed both the CFIUS decision and Order. The Panel reversed the district court decision and remanded with instructions. Oregon
Posted by WIMS at 11:47 AM
State of Michigan v. United States Army Corps of Engineers - 7/14/14. In the
Court of Appeals, Seventh Circuit, Case No. 12-3800. Plaintiffs, five U.S. Great Lakes states, ask the Appeals Court to step in and impose measures to ensure that the Asian Carp are forever blocked from the Lakes. In an informative, 30-page opinion, the Panel concludes, ". . .we hold that the States have failed to state a claim upon which relief can be granted, either under a public nuisance theory or under the APA. We therefore affirm the judgment of the district court."
Posted by WIMS at 11:46 AM
Tuesday, July 15, 2014
Friends of Merrymeeting Bay v. Hydro Kennebec, LLC - 7/14/14. In the
Court of Appeals, First Circuit, Case No. 13-1220/1750. Two conservation groups, brought two citizen enforcement suits containing claims under the Endangered Species Act and the Clean Water Act against Hydro Kennebec, LLC, et al. The district court entered summary judgment in favor of Defendants as to the CWA claims in both cases, and Plaintiffs appealed the rulings. The Panel vacated and remanded the judgments. U.S.
Posted by WIMS at 11:56 AM