Tuesday, March 1, 2016

Alaska Oil and Gas Association v. Jewell (Interior Dept)

<> Alaska Oil and Gas Association v. Jewell (Interior Dept) - 2/29/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35619, consolidated with 13-35662, 13-35666, 13-35667, 13-35669. In 2009, FWS proposed to designate an area of Alaska's coast and waters as critical habitat for the polar bear. The proposal drew fire from oil and gas trade associations, several Alaska Native corporations and villages, and the State of Alaska claiming the habitat designation was unjustifiably large, and FWS had failed to follow ESA procedure.
     The panel reversed the district court's judgment vacating the United States Fish & Wildlife Service ("FWS") designation of critical habitat in Alaska for the polar bear, a species listed as threatened under the Endangered Species Act; affirmed the district court's denial of cross-appeal claims; and remanded for entry of judgment in favor of FWS.

Certiorari denied in American Farm Bureau v. EPA


<> Certiorari denied in American Farm Bureau v. EPA - American Farm Bureau v. EPA (SupCt docket 15-599), a petition for certiorari was denied by the High Court. The denial leaves the 7/6/15 Third Circuit opinion in place which upheld U.S. EPA's plan to clean up Chesapeake Bay,
     The high interest case involving many states and trade associations including Michigan, challenged EPA's "total maximum daily load" (TMDL) of nitrogen, phosphorous, and sediment that can be released into the Chesapeake Bay.