Recent U.S. Appeals Court Decisions

<> WildEarth Guardians v. U.S. EPA - 5/13/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1212. Petitioners sought to require EPA to add coal mines to the regulated list of stationary source categories under the Clean Air Act. The Panel ruled: "We disagree. On the record before us, we find that EPA's action easily passes muster under the 'extremely limited' and 'highly deferential' standard that governs our review of an agency's denial of a rulemaking petition."

<> Coal River Energy, LLC v. Sally Jewell - 5/13/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5119. Appellant argued that the fee under the Surface Mining Control and Reclamation Act was unconstitutional because the Export Clause of the Constitution states that "No Tax or Duty shall be laid on Articles exported from any state." The district court dismissed the case as untimely. The Panel affirmed.

<> United Fire & Casualty Company  v.  Titan Contractors Service, Inc - 05/13/14. In the U.S. Court of Appeals, Eighth Circuit, Case No: 13-1307. The case involves whether coverage and defense were barred by the "absolute pollution exclusion" and regarding whether TIAH, an acrylic concrete sealant, would fall within the policy's definition of a pollutant. The majority Panel ruled that TIAH was a pollutant and remanded the case to the district court for further proceedings.