Monday, January 27, 2014
Friday, January 24, 2014
<> Town of Barnstable, MA v. FAA- 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1363 & 12-1364. This case involves the approval of a lease by the U.S. Department of Interior to Cape Wind Associates for construction of an offshore wind farm in Nantucket Sound. The Appeals Court denied the petition for review.
<> Pub. Employees for Env. Resp. v. U.S. Section Intl. Boundary - 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5158. Interpreting how the Freedom of Information Act balances competing interests relating to critical infrastructure, such as bridges, airports, railroad tracks, dams, and research facilities.
Thursday, January 23, 2014
<> Rocky Mountain Farmers Union v. CARB - 1/22/14. In the
<> Native Village of Point Hope v. Jewell - 1/22/14. In the
Tuesday, January 21, 2014
<> ConocoPhillips Company v. Jeana Parko - 1/17/14. In the
Court of Appeals, Seventh Circuit, Case No. 13-8023. The U.S. Appeals Court reverses the class certification order against the oil company, with directions that the district judge revisit the issue of certification in conformity with the analysis in the opinion.
<> OK Dept. Environmental Quality v. U.S. EPA - 1/17/14. In the
Court of Appeals, D.C. Circuit, Case No. 11-1307. The U.S. Appeals Court grants the petition for review and vacates the Indian Country NSR Rule with respect to non-reservation lands.
Friday, January 17, 2014
<> U.S. HOME CORPORATION v. US [RULE 36 JUDGMENT]- 1/15/14. REMED. United States Federal Circuit, Case No.13-5059.
<> Natural Chem Holdings, LLC v.- 1/15/14. ENERGY. United States Seventh Circuit, Case No. 13-2501. Affirmed the sale of a bankrupt ethanol plant in South Bend, Indiana, was not stayed, and the bankruptcy judge found that the winning bidder acted in good faith.
Monday, January 13, 2014
Tuesday, January 7, 2014
Monday, January 6, 2014
<> Jones v. National Marine Fisheries Service - 12/20/2013. WATER, United States Ninth Circuit, Case No. 11-35954. The panel affirmed the district court's summary judgment in favor of the United States Army Corps of Engineers in an action under the Clean Water Act and the National Environmental Policy Act challenging the Corps' issuance of a permit as part of a project to mine valuable mineral sands near Coos Bay, Oregon.
<> Arkansas Game & Fish Commission v. US - 12/03/2013. WATER, LAND. United States Federal Circuit, Case No. 2009-5121. On remand from the Supreme Court, now affirming that plaintiff Arkansas Game and Fish Commission can establish that increased flooding of its property during the period 1993-2000 constituted a taking that is compensable under the Fifth Amendment to the Constitution.
<> Munce's Superior Petroleum Products, Inc. v. New Hampshire Department of Environmental Services - 11/20/2013. REMEDIATION, TANKS. United States First Circuit, Case No. 13-1380. The bankruptcy court granted the New Hampshire Department of Environmental Services' (DES) motion to give the fines administrative expense priority, and the district court affirmed. Under Reading Co. v. Brown, 391 U.S. 471 (1968), and First Circuit case law, the Appeals Court affirmed.
<> Natural Resources Defense Council v. EPA - 11/07/2013. TOXICS. United States Ninth Circuit, Case No. 12-70268. The panel granted in part and denied in part a petition for review of a decision of the Environmental Protection Agency granting an application for conditional registration of two pesticides, AGS-20 and AGS-20 U, that applicant HeiQ Materials sought to apply to manufactured textiles such as clothing, blankets, and carpet.
<> Washington Environmental Council v. Bellon - 10/17/13. AIR, CLIMATE. United States Ninth Circuit, Case No. 12-35323. Vacating the district court's judgment, the panel held that plaintiffs lacked standing to pursue a citizen suit seeking to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the Clean Air Act.
<> State of New York v. Next Millenium Realty - 10/15/13. REMEDIATION. United States Second Circuit, Case No. 12-2894. Appeal from the District Court dismissing claims by the State of New York under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, for costs incurred in investigating and addressing groundwater contamination in Hempstead, New York. The district court granted summary judgment in favor of the defendants-appellees on the ground that the action was time-barred. The Appeals Court vacated and remanded the case.
<> Voggenthaler v. Maryland Square, LLC - 10/04/13. REMEDIATION. United States Ninth Circuit, Case No. 10-17520. The petition for panel rehearing by Appellees' Maryland Square Shopping Center, LLC, et al is granted.