Wednesday, December 17, 2014

Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al - 12/16/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. Petition for rehearing en banc the case involving the deaths of 23 endangered whooping cranes. 4 judges voted in favor of rehearing and 11 judges voted against rehearing. The petition was denied and a joint dissent was filed indicating, "If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal. . . The causal connection between TCEQ's failure to maintain freshwater inflows and a "take" of endangered whooping cranes is straightforward.

Conservation Congress v. Finley

<> Conservation Congress v. Finley - 12/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16916. The court again considers the fate of the threatened Northern Spotted Owl, this time in the context of a lumber thinning and fuel reduction project in northern California. Conservation Congress contends violations of various national environmental laws. The district court granted summary judgment in favor of the government, and the Appeals Court affirmed.

Friday, December 12, 2014

Associated Builders and Contractors v. Patricia Shiu

<> Associated Builders and Contractors v. Patricia Shiu – 12/12/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-5076. Associated Builders, representing federal contractors challenge regulations under the Rehabilitation Act of 1973, arguing that they exceed the Department's statutory authority and are arbitrary and capricious. The Appeals Court affirmed the district court rejection on both challenges.

Wednesday, December 10, 2014

Martin K. Eby Construction v. OneBeacon Insurance

<> Martin K. Eby Construction v. OneBeacon Insurance - 12/9/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-3076. In a dispute over liabilities claims for a leaking pipeline, the Appeals Court upheld a district court decision and said ". . .we can enforce the indemnity promise only if it was expressly stated and conspicuous. This indemnity clause was not conspicuous; thus, it is unenforceable. . . Accordingly, Kellogg is not entitled to indemnity from Eby or insurance coverage from Travelers, and Eby and Travelers were entitled to summary judgment.

 
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Tuesday, December 9, 2014

Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit

<> Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit - The U.S. Supreme Court refused to hear a case (No. 14-405) brought by representatives of Our Children's Trust seeking  protection of essential natural resources for the benefit of future generations under the public trust doctrine.

Tuesday, December 2, 2014

WildEarth Guardians v. McCarthy

<> WildEarth Guardians v. McCarthy - 12/1/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16797. The panel affirmed the district court's dismissal for lack of subject matter jurisdiction of plaintiff environmental groups' Clear Air Act citizen-suit action seeking to require the Environmental Protection Agency's Administrator to issue revised regulations governing ozone pollution.

Midland Power Cooperative v. FERC

<> Midland Power Cooperative v. FERC - 12/2/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1184. The Federal Energy Regulatory Commission issued an order directing Midland Power Cooperative, an Iowa electric utility, to "reconnect" to a wind generator within its territory. It denied Midland's petition for rehearing. Midland and joint petitioner National Rural Electric Cooperative Association ("NRECA") sought review. The Appeals Court ruled it did not have jurisdiction.