Monday, August 31, 2015

Matthew Dueling, et al v. Devon Energy Corporation

<> Matthew Dueling, et al v. Devon Energy Corporation - 8/14/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 14-11177.  Unpublished Opinion. Plaintiffs asserted that Devon Energy's oil and gas drilling site, across the street from their homes in a residential area, is noisy and disruptive, and interferes with their use and enjoyment of their properties. The district court granted Devon Energy's motion for judgment on the pleadings—finding Plaintiffs' nuisance claims time-barred—and denied Plaintiffs' request for leave to amend. 

     The Appeals Court ruled, "Because the district court denied leave to amend based on mere delay in the absence of a possibility of serious prejudice to the defendant, we vacate the judgment and remand."

ONRC Action v. US Bureau of Reclamation

<> ONRC Action v. US Bureau of Reclamation - 8/21/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-35831. The panel affirmed the district court's summary judgment in favor of the United States Bureau of Reclamation and other defendants in a citizen suit brought by an environmental group under the Clean Water Act, alleging defendants violated the Act by discharging pollutants from the Klamath Straits Drain into the Klamath River without a permit.

Friday, August 14, 2015

Summer Break

Subscribers & Readers Note: WIMS will be on summer break for the next two weeks. We will resume publication on August 31, 2015.


During the break you can stay on top of many news events and issues with our WIMS Environmental News Blogs which are continuously, automatically updated with the latest news and information from various WIMS sources.


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Thursday, August 13, 2015

Berks County v. U.S. EPA

<> Berks County v. U.S. EPA - 8/11/15. In the U.S. Court of Appeals, Third Circuit, Case No. 14-2913. Non-precedential opinion. The Appeals Court said, "Petitioner Berks County challenges EPA's approval of the most recent SIP submitted by the Pennsylvania Department of Environmental Protection (DEP) with respect to the monitoring of airborne lead particles in the vicinity of Reading, Pennsylvania. For the reasons that follow, we will deny the petition for review."
     The Appeals Court ruled, "Because EPA's conclusion on this point was based on a factual question falling squarely within EPA's area of expertise, and because the record shows that EPA evaluated the merits of Petitioner's position and rejected it after due consideration, we see no basis on which to grant relief."

Wednesday, August 12, 2015

Tobias Chavez v. Dole Food Company Inc

<> Tobias Chavez v. Dole Food Company Inc - 8/11/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-4144. The Panel said, "This appeal is but a facet of procedurally intricate litigation concerning the alleged misuse of the pesticide dibromochloropropane (DBCP) on banana farms throughout Central America."
     The majority concluded: "we conclude that the Delaware District Court did not abuse its discretion in dismissing the Appellants' actions in favor of the first-filed litigation in Louisiana. We also find no error in the Delaware District Court's dismissal of Appellee Chiquita Brands International for a lack of jurisdiction. Therefore, for the foregoing reasons, we will affirm the Delaware District Court's orders." [A lengthy dissent was filed.]

Tuesday, August 11, 2015

Klamath-Siskiyou Wildlands Center v. MacWhorter

<> Klamath-Siskiyou Wildlands Center v. MacWhorter – 8/10/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35453. The panel reversed the district court's dismissal for lack of subject matter jurisdiction of an Endangered Species Act claim brought by Klamath-Siskiyou Wildlands Center against the U.S. Forest Service concerning its approval of suction dredge mining projects in the Rogue River-Siskiyou National Forest.

Pesticide Action Network v. U.S. EPA

<> Pesticide Action Network v. U.S. EPA – 8/10/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 14-72794. The Appeals Court said, "Pesticide Action Network North America and the Natural Resources Defense Council have been waiting for years for the United States Environmental Protection Agency to respond to their administrative petition requesting a ban on the pesticide chlorpyrifos. . . This delay is egregious and warrants mandamus relief. We order EPA to issue a full and final response to the petition no later than October 31, 2015."