<> 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.
Thursday, April 17, 2014
Wednesday, April 16, 2014
<> 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
Tuesday, April 8, 2014
<> 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
Friday, April 4, 2014
Thursday, March 27, 2014
<> Organized Village of Kake v. USDA - 3/26/14. In the
- Sen. Murkowski Welcomes Court's Affirmation of the Tongass' Exemption from the Roadless Rule - U.S. Sen. Lisa Murkowski (R-Alaska) today welcomed the Ninth Circuit Court