Tuesday, January 28, 2014

American Chemistry Council v. U.S. EPA

<> American Chemistry Council v. U.S. EPA - 1/27/14. In the U.S. Supreme Court, Case No. 12-1248, et al. granted a motion for divided argument in the case regarding whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. Argument set for Feb. 24, 2014.

Monday, January 27, 2014

Wind Tower Trade Coalition v. U.S.

<> Wind Tower Trade Coalition v. U.S. - 1/24/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 2013-1303. Re: antidumping and countervailing duty investigations covering utility scale wind towers from China Vietnam. The Appeals Court ruled that the United States Court of International Trade decision denying Appellant's motions for preliminary injunctions and dissolving the TROs is affirmed.

Friday, January 24, 2014

Recent Cases

<> 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.

·   Cape Wind Survives a Legal Challenge to FAA Approval:

<> 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.

·   Ruling Vastly Expands Official Secrecy On Infrastructure 

Thursday, January 23, 2014

Recent Cases

<> Rocky Mountain Farmers Union v. CARB - 1/22/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15135. The panel denied the petitions for rehearing en banc on behalf of the court in a case alleging that California's Low Carbon Fuel Standard. . . the Fuel Standard's ethanol provisions were not facially discriminatory, and reversed that portion of the district court's decision.

<> Native Village of Point Hope v. Jewell - 1/22/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-35287. Reversed the district court's summary judgment entered in favor of federal defendants in an action challenging the government's environmental impact statements analyzing the environmental effects of proposed leases for oil and gas development in the Chukchi Sea. The panel remanded for further proceedings.

Tuesday, January 21, 2014

Recent Cases

<> ConocoPhillips Company v. Jeana Parko - 1/17/14. In the U.S. Court of Appeals, Seventh Circuit, Case No. 13-8023. The 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 U.S. Court of Appeals, D.C. Circuit, Case No. 11-1307. The Appeals Court grants the petition for review and vacates the Indian Country NSR Rule with respect to non-reservation lands.

Friday, January 17, 2014

Recent cases

<> 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

In Re: Deepwater Horizon

<> In Re: Deepwater Horizon 12/10/14. REMED. United States Fourth Circuit, Case No. No. 13-30095. Split decision upholding the district court ruling approving the $9.2 billion settlement and certifying the economic and property damages.

Tuesday, January 7, 2014


SANDLANDS C&D LLC EXPRESS DISPOSAL SERVICE LLC – 12/3/13. SOLID. United States Fourth Circuit, Case No. 13-1134. Re: Horry County's Flow Control Ordinance, which prohibits disposal of waste generated inHorry County at any site other than a designated publicly owned landfill. The district court granted summary judgment in favor of Horry County, and the Appeals Court affirmed

Monday, January 6, 2014

Multiple Decisions 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.