Lacano Investments v. Balash

Lacano Investments v. Balash - 8/28/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35854. The case involves land patents which gave title to certain streambeds in Alaska that were issued by the federal government many years before Alaska entered the Union. The panel affirmed the dismissal for lack of subject matter jurisdiction of an action against Alaska officials who determined that under the Submerged Lands Act of 1953, streambeds claimed by the plaintiffs were owned by the State of Alaska.

 

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ASARCO v. Union Pacific

ASARCO v. Union Pacific - 8/27/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35356. The district court dismissed the action under Federal Rule of Civil Procedure 12(b)(6), concluding that although Asarco's claim was timely, it was barred by a 2008 settlement agreement between the parties that settled Union Pacific's claims against Asarco at the same site. The Panel reversed and concluded that Asarco's claim was timely, but that the parties' 2008 settlement agreement did not unambiguously release Asarco's claim here. The case was dismissed.

 

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Sierra Club v. Sally Jewell

Sierra Club v. Sally Jewell - 8/26/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5383. Environmental and historical preservation organizations were seeking to protect the historically significant West Virginia Blair Mountain Battlefield site from surface coal mining. The district court granted summary judgment against them, holding that they lack standing because they fail to demonstrate the requisite injury, causation, or redressability. The Panel disagreed and concluded that they have standing to challenge the "Keeper of the Register" decision.

 

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Correction : Greenpeace v. Dow Chemical

Correction : Yesterday we reported on the case of Greenpeace v. Dow Chemical. Please note that this is a decision from the D.C. Court of Appeals, not the U.S. Court of Appeals for the D.C. Circuit.

 

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Greenpeace v. Dow Chemical

Greenpeace v. Dow Chemical - 8/21/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-CV-685. The case involves alleged corporate espionage, and the issue of whether a corporation has a claim for trespass or conversion against another for rummaging through the corporation's trash in search of "trade secrets" and other confidential information. The Panel said, ". . .Greenpeace's factual allegations may be regarded, [however] Greenpeace's legal arguments cannot prevail as a matter of law, and therefore we affirm the dismissal."

 

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Southwestern Power Admin. v. FERC

Southwestern Power Admin. v. FERC - 8/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1033. The Appeals Court said in part, "Neither section 215(b) nor section 215(e), nor the two considered in combination, speaks with the requisite clarity to waive the federal government's sovereign immunity from monetary penalties. We therefore vacate the Commission's order."

 

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Ctr. for Cmty. Action v. BNSF Railway Co

Ctr. for Cmty. Action v. BNSF Railway Co - 8/20/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-56086. The Panel affirmed the district court decision and concluded that Defendants' emission of diesel particulate matter does not constitute "disposal" of solid waste within the meaning of RCRA, and that Plaintiffs therefore cannot state a plausible claim for relief.

El Dorado Chemical Company v. EPA

El Dorado Chemical Company  v.  EPA - 8/15/14. In the U.S. Court of Appeals, Eighth Circuit, Case No. The Panel ruled that the district court did not err in upholding the EPA's ruling rejecting Arkansas's water quality standards governing plaintiff's discharge of dissolved minerals; the EPA's reading of the relevant regulations to permit it to look at downstream waters when evaluating a state's water quality standards was not plainly erroneous; the EPA's determination that Arkansas's supporting documentation was insufficient to demonstrate that the proposed standards were appropriately protective of aquatic life in the downstream waters had a rational basis and the decision to reject the State's standards was not arbitrary or capricious.

South Carolina Public Service v. FERC

South Carolina Public Service v. FERC - 8/15/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1232 (Consolidated with 12-1233, 12-1250, 12-1276, 12-1279, 12-1280, 12-1285, 12-1292, 12-1293, 12-1296, 12-1299, 12-1300, 12-1304, 12-1448, 12-1478). The case involves numerous challenges to the most recent reforms of electric transmission planning and cost allocation adopted by the Federal Energy Regulatory Commission pursuant to the Federal Power Act. The Panel ruled that FERC had authority; it  reasonably determined that regional planning must include consideration of transmission needs driven by public policy requirements; and it reasonably relied upon the reciprocity condition. Petition denied.

• Appeals' FERC 1000 Decision a Big Step Forward for America's Clean Energy Economy - The Federal Energy Regulatory Commission (FERC) Order 1000 lays the groundwork for transmission planners, particularly those in regions without wholesale electricity markets like the Southeast and some parts of the West, to create and participate in regional, rather than local, planning processes.
• Unanimous Court Decision a Victory for Clean Energy, Consumers - Appeals Court upheld the FERC Order 1000, a set of reforms issued two years ago that require large-scale regional planning of the nation's electric grid and more clean energy integration.

Minisink Residents for Enviro. v. FERC

Minisink Residents for Enviro. v. FERC - 8/15/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1481. The Appeals Court said, "Though we respect the concerns they raise, we conclude that, as a legal matter, the Commission's decisions were both reasonable and reasonably explained. Consequently, we deny the petitions for review.

Sierra Club v. EPA

Sierra Club v. EPA - 8/12/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-73342 & 11-73356. The panel granted a petition for review brought by environmental groups, and vacated EPA's decision to issue a Prevention of Significant Deterioration Permit, allowing Avenal Power Center LLC to build and operate the Avenal Energy Project, a 600 megawatt natural gas-fired power plant, under the old air quality standards.

• Federal Court Strikes Down Illegal Permit for Avenal Power Plant in California

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Defenders of Wildlife v. NC Dep't of Transportation

Defenders of Wildlife v. NC Dep't of Transportation - 8/6/14. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2215. Plaintiffs claim that Defendants violated NEPA and the Department of Transportation Act of 1966 by, among other things, committing to the construction of only one segment of the transportation project—namely a replacement bridge—and denying the public the full review of the entire project and its environmental impact, as NEPA requires. The district court granted summary judgment in favor of Defendants; and the Appeals Court reversed the district court's determination and remand for further proceedings.

 

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Columbia Riverkeeper v. U.S. Coast Guard

Columbia Riverkeeper v. U.S. Coast Guard - 8/5/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-73385. The Panel dismissed due to lack of jurisdiction a petition for review of the U.S. Coast Guard's issuance of a letter of recommendation to the Federal Energy Regulatory Commission regarding the suitability of the Columbia River for vessel traffic associated with a proposed liquified gas facility and pipeline.

 

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Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers

Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers - 7/30/14. In the U.S. Court of Appeals, Firth Circuit, Case No. 13-30262. Plaintiff owns property and Plaintiff-Appellant Kent Recycling, L.L.C. has an option to purchase the property in the event that it can be used as a solid-waste landfill. In February 2012, U.S. Army Corps of Engineers issued a jurisdictional determination ("JD") stating that the property contains wetlands that are subject to regulation under the Clean Water Act. Belle and Kent sued, alleging that the JD is unlawful and should be set aside. The district court dismissed the suit for lack of subject matter urisdiction,  concluding that the JD is not "final agency action" and therefore is not reviewable under the Administrative Procedure Act. The Panel affirmed.

 

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Vaughn Leroy Meyer v. JinkoSolar Holding Co.

Vaughn Leroy Meyer v. JinkoSolar Holding Co. - 7/31/14. In the U.S. Court of Appeals, Second Circuit, Case No. 13-616. The Panel dismissed a complaint alleging violations of the federal securities laws and vacated the dismissal of the complaint on the ground that the failure to disclose ongoing serious pollution problems rendered misleading statements describing measures taken to comply with Chinese environmental regulations.

 

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State of Arizona v. Raytheon Co.

State of Arizona v. Raytheon Co. - 8/1/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15691. In a mixed, split decision, the panel affirmed in part and reversed in part the district court's order approving consent decrees in an action under CERCLA. In part the Panel reaffirm that a district court has an "obligation to independently scrutinize the terms of [such agreements]," by, inter alia, comparing "the proportion of total projected costs to be paid by the [settling parties] with the proportion of liability attributable to them."

 

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People of the State of California v. US Department of the Interior

People of the State of California v. US Department of the Interior - 8/1/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-55856, 12-55956. The panel amended its opinion and affirmed the district court's summary judgment in favor of federal defendants and intervenor water districts re: an EIS prepared by the Secretary of the Interior on the effects of water transfer agreements on the Salton Sea in southern California. The petition for rehearing was denied and the petition for rehearing en banc was rejected.

 

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