California Dump Truck Owners Association V. Mary Nichols

<> California Dump Truck Owners Association V. Mary Nichols - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175. At issue is whether the Environmental Protection Agency's (EPA) approval of the regulation as part of California's state implementation plan (SIP) divested the district court of subject matter jurisdiction under the Clean Air Act.      The Appeals Court ruled that because the court of appeals has exclusive jurisdiction over such challenges pursuant to § 307(b)(1), the district court lacked jurisdiction. Appellees' petition for rehearing and petition for rehearing en banc are denied.

Allen v. The Boeing Co.

<> Allen v. The Boeing Co. - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 15-35162. Plaintiffs sued Boeing and Landau Associates in State court alleging that for over forty years they released toxins into the groundwater around its facility in Auburn, Washington and failed in their investigation and remediation.      In a dispute over whether State or Federal Court was appropriate the Appeals Court ruled in part, "We hold that Plaintiffs' action does not come within the local single event exception to CAFA, and that, therefore, the district court has federal jurisdiction under CAFA." [Class Action Fairness Act]