Friday, October 31, 2014

NRDC v. USDOT

NRDC v. USDOT - 10/30/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-56467. The Panel affirmed the district court's summary judgment in favor of federal and state defendants in an action brought by environmental groups alleging that the defendants violated the Clean Air Act and the National Environmental Policy Act by failing to properly evaluate and disclose the potential environmental impact of a planned expressway connecting the Ports of Los Angeles and Long Beach to the I-405 freeway.

Monday, October 27, 2014

National Oilseed Processors Assoc. v. OSHA

National Oilseed Processors Assoc. v. OSHA - 10/24/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1228. Petitioners (and intervenor for petitioners), whose members include numerous businesses that handle and process grain and other agricultural products, seek vacatur of the Final Rule as it applies to combustible dust. The Panel denied the petition for review.

Friday, October 24, 2014

Appeals Court Decision On Csapr A Major Victory For Health Of Children, Elderly And Asthma Sufferers

Appeals Court Decision On Csapr A Major Victory For Health Of Children, Elderly And Asthma Sufferers – 10/23/14. The U.S. Court of Appeals for the D.C. Circuit lifted its hold on the Environmental Protection Agency's (EPA) Cross State Air Pollution Rule (CSAPR), which will protect Americans from dangerous air pollution that crosses state lines from coal-fired power plants.

Wednesday, October 22, 2014

Headwaters Resources v. Illinois Union Insurance Co.

Headwaters Resources v. Illinois Union Insurance Co. - 10/20/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-4035. Under several applicable policies, Headwaters sought reimbursement for its litigation costs arising from a case brought by landowners in Virginia, alleging that fly ash used in the construction of a golf course caused air and water pollution that devalued their homes and created health risks. The Panel ruled that each of the pollution exclusions is unambiguous, and affirmed the district court's grant of summary judgment in favor of the insurance companies.

WildEarth Guardians v. EPA

WildEarth Guardians v. EPA - 10/21/14. In the U.S. Court of Appeals, Tenth Circuit, Case Nos. 12-9596, 13-9502, 13-9506, 13-9507, 13-9508, 13-9509, 13-9510. Environmental groups filed the suit under the Clean Air Act challenging a regional cap and trade program in New Mexico, Utah, and Wyoming regulating sulfur-dioxide emissions over the Colorado Plateau. The Panel  concluded that the EPA's decision was neither arbitrary nor capricious and denied the petitions for review.

Wednesday, October 15, 2014

Erica Y. Bryant, et al. v. USA

Erica Y. Bryant, et al. v. USA - 10/14/14. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 12-15424. The appeal arises out of a multi-district litigation, in which multiple plaintiffs and their family members allege that they experienced various health problems after being exposed to toxic substances in the drinking water while living at Camp Lejeune, a military base in North Carolina. The United States moved to dismiss the case, arguing that the North Carolina statute of repose, the District Court disagreed, concluding that a provision of CERCLA preempted North Carolina's statute of repose. The Appeals Court ruled "CERCLA does not preempt North Carolina's statute of repose. . . and it does not contain an exception for latent diseases."

Shieldalloy Metallurgical Corp v. NRC

Shieldalloy Metallurgical Corp v. NRC - 10/14/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1259. Shieldalloy Metallurgical Corporation petitions for review of a Nuclear Regulatory Commission order reinstating the transfer of regulatory authority to the State of New Jersey under the Atomic Energy Act. The Panel denied the company's petition and said, "We conclude that the NRC has rationally addressed these concerns when it provided a textual analysis of 10 C.F.R. § 20.1403 and explained how New Jersey's regulatory regime is adequate and compatible with the NRC's regulatory program."