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.