St. Marys Cement Inc. v. EPA

<> St. Marys Cement Inc. v. EPA - 3/24/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 13-3105 & 14-3479. MDEQ deemed the plant's pollution controls sufficient and excused St. Marys from the CAA retrofitting requirement. U.S. EPA disagreed and required the plant to add more stringent pollution controls. St. Marys petitions the court to vacate the decision, disclaiming the value of the required technology and claiming that the plant at any rate is exempt from the retrofitting requirement. The Appeals Court disagreed on both fronts and denied St. Marys' petition.

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

<> Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers - 3/23/15. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 14-12357. Riverkeeper challenges the 2012 version of Nationwide Permit 21 ("NWP 21"), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters.      The district court first determined that Riverkeeper has standing to sue affirming the district court's decision on that point. The district court also held that Riverkeeper's lawsuit was, nonetheless, barred by the equitable doctrine of laches; however, the Appeals Court concluded that the Intervenors had shown neither inexcusable delay on the part of Riverkeeper nor prejudice resulting from Riverkeeper's alleged delay. . . "We, therefore, hold that the district court abused its considerable discretion in barring Riverkeeper's suit."      On the merits, and based on significant change in the facts, supplemental briefs were filed and the Corps then conceded that the district court's decision must be reversed and the matter remanded to the Corps for further consideration based on a more accurate assessment of the potential impacts of NWP 21, to which the Appeals Court agreed.

Kent Recycling Services, LLC v. United States Army Corps of Engineers

<> Kent Recycling Services, LLC v. United States Army Corps of Engineers - 3/23/15. In the U.S. Supreme Court, Docket No. 14-493, Appealed from the Fifth Circuit. The petition for hearing was denied in the case involving issues:      (1) Whether a jurisdictional determination, that is conclusive as to federal jurisdiction under the Clean Water Act, and binding on all parties, is subject to judicial review under the Administrative Procedure Act; and (2) whether a due process claim against an agency action is subject to the finality requirement of the Administrative Procedure Act.

Consolidation Coal Company v. Georgia Power Company

<> Consolidation Coal Company v. Georgia Power Company - 3/20/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-1603 & 13-1664. Consolidated Coal Company and PCS Phosphate Company, Inc. filed a CERCA complaint against Georgia Power, to recover cost contending that, as supplier of some of the PCB transformers, it should be liable for a contribution to those costs. The district court granted summary judgment in favor of Georgia Power and the Appeals Court affirmed the judgment of the district court.

Sierra Club v. EPA

<> Sierra Club v. EPA - 3/18/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 12-3169, 12-3182 & 3420.      Sierra Club challenged EPA's particulate matter attainment status and redesignation of the Cincinnati-Hamilton metropolitan area to "attainment" status and said the agency had acted illegally with respect to both actions, and it filed a petition for direct appellate review. The parties dispute both Sierra Club's standing to challenge the agency action and the correct interpretation of the relevant statute, the Clean Air Act.      In a significant decision, the Appeals Court rules, "We find that the Club has standing, and we agree with its claim that "reasonably available control measures" are a prerequisite to redesignation. Therefore, we vacate EPA's redesignation of the Ohio and Indiana portions of the Cincinnati area."

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Alfonso Rodriguez v. Secretary of Department of Environment

<> Alfonso Rodriguez v. Secretary of Department of Environment - 3/16/15. In the U.S. Court of Appeals, Third Circuit, Case No. 14-3467 (not precedential). Dr. Rodriguez challenges § 3222.1 of Act 13, which provides two mechanisms for health professionals to learn proprietary information about the chemicals used in fracking. The District Court dismissed the case for lack of standing, and the Appeals Court affirmed.

Communities for a Better Environment v. U.S. EPA

<> Communities for a Better Environment v. U.S. EPA – 3/16/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-70167 (unpublished). Environmental groups challenged issues relating to Los Angeles air quality. The Panel denied the petition saying among other things, "EPA was neither arbitrary nor capricious in determining that the credits transferred to Sentinel were quantifiable and surplus."

AmerGen Energy Company, LLC v. U.S.

<> AmerGen Energy Company, LLC v. U.S. - 3/11/15. In the U.S. Court of Appeals, Federal Circuit, Case No. 2014-5067. The Appeals Court confirmed the decision  of the Court of Federal Claims that AmerGen may not include future nuclear decommissioning liabilities that it assumed when it purchased three nuclear power plants in the basis of the acquired assets in its 2001 through 2003 tax returns.

Precon Development Corporation v. US Army Corps of Engineers

<> Precon Development Corporation v. US Army Corps of Engineers - 3/10/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2499 (unpublished). In a thirteen-year battle between Precon Development Corporation and the U.S. Army Corps of Engineers about whether the Corps has jurisdiction under the Clean Water Act over Precon's Edinburgh development in Chesapeake, VA.       The Panel said, "This episode involves 4.8 acres of wetlands that Precon wants to fill to build ten homes. The Corps asserted jurisdiction over these wetlands and denied Precon's permit application.2 We previously remanded this case after concluding that the Corps had not provided sufficient evidence to support its jurisdiction. Finding that the Corps has now amassed adequate evidence, we affirm." Corps' jurisdiction over Virginia wetlands upheld by Fourth Circuit - The Fourth Circuit has affirmed a lower court decision that upheld an Army Corps of Engineers' permit denial for a planned development affecting 4.8 acres of wetlands

NRDC v. U.S. EPA

<> NRDC v. U.S. EPA - 3/11/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-70544. In the case environmental groups challenge a rule of the South Coast Air Quality Management District. The Panel ruled, ". . .we hold today that EPA reasonably found that § 172(e) contains an ambiguous gap. We also hold that EPA's interpretation of that ambiguity was reasonable – i.e., that the CAA's anti-backsliding provision, allowing for not less stringent alternative controls, applies when air quality standards have been strengthened as well as when they have been relaxed. We deny the petition for review."

Center for Sustainable Economy v. Sally Jewell

<> Center for Sustainable Economy v. Sally Jewell - 3/6/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1431. In a 2-1 decision, the Majority indicate, "We deny CSE's petition and conclude that: (1) CSE has associational standing to petition for review, (2) CSE's NEPA claims are unripe, (3) two of CSE's Program challenges are forfeited, and (4) CSE's remaining challenges to Interior's adoption of the 2012-2017 leasing schedule fail on their merits."      The dissenting opinion states, "I dissent, not because I disagree with my colleagues' reasoning, nor because I would sustain the petition. Rather, I would dismiss the petition for lack of standing." D.C. Circuit rejects challenge to BOEM Outer Continental Shelf leasing program

Tamosaitis v. URS, Inc.

<> Tamosaitis v. URS, Inc. - In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-35924. The Panel affirmed the district court's dismissal of the U.S. Department of Energy from the suit, affirmed the grant of summary judgment in URS Corp.'s favor, and reversed the grant of summary judgment for URS Energy & Construction, Inc. in an action brought by a URS Energy employee alleging violations of the Energy Reorganization Act whistleblower protection provision, concerning cleanup efforts of nuclear waste at the Hanford Nuclear Site in Washington state.

Webinar: Great Lakes Phytoplankton: a Harbinger for Change

<> Webinar: Great Lakes Phytoplankton: a Harbinger for Change - Dr. Euan Reavie, Natural Resources Research Institute, University of Minnesota Duluth, on Mar 5, 2015 10:30 AM CST

California Dump Truck Owners Association v. Nichols

<> California Dump Truck Owners Association v. Nichols - 3/3/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175. The panel affirmed the dismissal for lack of subject matter jurisdiction of a federal preemption challenge to a California environmental regulation addressing diesel trucks.

Appeals Court to Hear Case on EPA's Registration of Bee-Toxic Chemical

<> Appeals Court to Hear Case on EPA's Registration of Bee-Toxic Chemical - (Beyond Pesticides, March 4, 2015)  The 9th U.S. Circuit Court of Appeals has agreed to hear the case brought by beekeepers challenging U.S. EPA approval of a toxic pesticide known to be toxic to bees -- the new chemical, sulfoxaflor -- a sub-class of the neonicotinoid pesticides that have been linked to global bee declines

American Forest Resource Council v. Ashe

<> American Forest Resource Council v. Ashe - 2/27/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5302 (unpublished). The Appeals Court indicates: "Appellants attack the Fish and Wildlife Service's denial of their petition to remove the 'distinct population segment' of the marbled murrelet inhabiting California, Oregon, and Washington from the Endangered Species Act's threatened species list. We affirm the district court's well-reasoned opinion. Am. Forest Res. Council v. Ashe, 946 F.Supp.2d 1 (D.D.C. 2013). We agree that the Service's determination is not contrary to agency precedent or otherwise arbitrary and capricious. D.C. Circuit upholds listing of marbled murrelet - In an unpublished decision, the D.C. Circuit Court of Appeals rejected a timber industry attempt to delist the marbled murrelet.

Alliance for the Wild Rockies (AWR) v. Bradford

<> Alliance for the Wild Rockies (AWR) v. Bradford - 2/26/15. In the U.S. Court of Appeals, Ninth Circuit, Case No.13-35768 (unpublished). The Appeals Court affirmed a lower court's dissolution of an injunction in a challenge to the Grizzly Project on the Kootenai National Forest Kootenai National Forest, Lincoln County, Montana; Grizzly Vegetation and Transportation Management Project

Ministerio Roca Solida v. United States

<> Ministerio Roca Solida v. United States - 2/26/15. In the U.S. Court of Appeals, Federal Circuit, Case No. 14-5058. In a takings dispute regarding water rights the Appeals Court upheld a Claims Court dismissal for lack of subject matter jurisdiction in light of a pending district court action.