Recent cases

<> NO Gas Pipeline v. FERC - 7/1/14. In the U.S. Court of Appeals, D.C. Circuit, Case Nos. 12-1470, 12-1474, 12-1475. Environmental plantiffs challenged a decision of the Federal Energy Regulatory Commission (FERC) granting a certificate of public convenience and necessity for the construction of a natural gas pipeline connecting New York and New Jersey. The Panel said, ". . .we conclude that we do not have jurisdiction over any of the petitions, and we will therefore dismiss all without reaching the merits of any."

<> National Liab & Fire Ins Co. v. R & R Marine, Inc. - 7/1/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 10-20767. R&R Marine's liability insurer, National Liability & Fire Insurance Company (National), initiated this suit to disclaim liability under its policy for the the sinking of a vessel. The district court found that R&R was negligent and that National was liable for the ensuing damage. National and R&R appeal. The Panel said, "We affirm in part, reverse in part, and remand for entry of judgment consistent with this opinion."

Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al – 6/30/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. After the deaths of some whooping cranes -- an endangered species -- The Aransas Project ("TAP") sued directors of the Texas Commission on Environmental Quality ("TCEQ") under the Endangered Species Act ("ESA" or the "Act"). TAP sought and was granted an injunction prohibiting TCEQ from issuing new permits to withdraw water from rivers that feed the estuary where the cranes make their winter home. The Panel ruled, ". . .the injunction is an abuse of discretion. The judgment is reversed."