Wednesday, June 24, 2015

Cook v. Rockwell International

<> Cook v. Rockwell International - 6/23/15. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-1112.  As summarized by Law360, "The Tenth Circuit ordered a Colorado district court to deliver landowners a ruling on their state nuisance theory after their 25-year plutonium contamination class action against Dow Chemical Co. and the former Rockwell International Corp. failed on federal grounds."
     The Appeals Court ruled in part, "This long lingering litigation deserves to find resolution soon. The judgment of the district court is vacated and the case is remanded for proceedings consistent with this opinion."

Association of Irritated Residents (AIR) v. US EPA

<> Association of Irritated Residents (AIR) v. US EPA - 6/23/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-73398. The panel denied a petition for review brought by the Association of Irritated Residents seeking review of EPA's promulgation of 40 C.F.R. § 52.245 under § 110(k)(6) of the Clean Air Act, an error-correcting provision, after the EPA determined that it had mistakenly approved certain New Source Review rules in 2004 as part of California's State Implementation Plan.