Friday, December 11, 2015

Sixth Circuit Hears Oral Arguments on Water Rule

<> Sixth Circuit Hears Oral Arguments on Water Rule – 12/8/15.Predicting that judicial authority over a rule seeking to refine the reach of the Clean Water Act will ultimately be decided by the U.S. Supreme Court, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit heard oral arguments Dec. 8 on whether it is the appropriate venue to hear challenges to the rule.

United States v. Dico, Inc.

<> United States  v.  Dico, Inc. - 12/10/15. In the U.S. Court of Appeals, Eighth Circuit, Case No: 14-2762. The case involved Dico, Inc. owning several buildings in Des Moines, Iowa, that were under an EPA order regulating their use because of hazardous substance contamination -- Polychlorinated Biphenyls were later found. 
     In a partially split decision the Panel said, "We reverse the district court's summary judgment order with respect to "arranger" liability under CERCLA and punitive damages but affirm the summary judgment order as to the EPA order violation and civil penalties."
     The dissenting justice said, "I disagree that the district court erred in granting summary judgment on the question of arranger liability, and therefore with this court's decision to reverse the district court's award of punitive damages on that basis."

Pesticide Action Network v. U.S. EPA

<> Pesticide Action Network v. U.S. EPA - 12/10/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 14-72794. The United States Environmental Protection Agency (EPA) is directed to take final action by December 30, 2016 on its proposed revocation rule and its final response to Pesticide Action Network North America and Natural Resources Defense Council's 2007 petition; with an interim status report filed with the Court no later than June 30, 2016 -- all relating to pesticide chlorpyrifos, which petitioners claim is harmful to human health.