Monday, May 18, 2015

National Association of Home v. EPA

<> National Association of Home v. EPA – 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5290. Home Builders challenged a preliminary, internal determination, made by U.S. EPA and the Army Corps of Engineers in 2008, that two stretches of the Santa Cruz River in southern Arizona are traditional navigable waters -- i.e.  "waters of the United States."
     The Appeals Court denied the Home Builders challenge and ruled, "We hold that Home Builders' case for standing, although since supplemented with new declarations from members adding factual detail to their assertions of injury, is materially unchanged and thus precluded by Home Builders I."

Turlock Irrigation District v. FERC

<> Turlock Irrigation District v. FERC - 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1250 & 1253 Turlock contends that the Project does not fall within FERC's licensing jurisdiction. Conversely the Tuolumne River Trust and other conservation groups said FERC erred by not finding that it had licensing jurisdiction for four reasons instead of three determined by FERC.
     The Appeals Court  concludes that FERC's jurisdictional determinations were supported by substantial evidence and deny the Districts' petition for review. We dismiss the Trust's petition as it raises no justiciable case or controversy.