Tuesday, April 8, 2014

Huron Mountain Club v. Army Corps of Engineers, et al

<> Supreme Court: U.S. Supreme Court Rejects U.P. Eagle Mine Appeal - The High Court declined to hear the case of Huron Mountain Club v. Army Corps of Engineers, et al, without comment letting stand the 6th Circuit decision

Monday, April 7, 2014

El Paso Natural Gas Company v. USA

<> El Paso Natural Gas Company v. USA - 4/4/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5156. "This is a weighty case, involving numerous claims concerning environmental hazards at three sites on Navajo land near Tuba City, Arizona. . . Given the number of statutes, claims, and locations at issue, we have summarized below the issues on appeal and our holdings with respect to each question before the court.

Friday, April 4, 2014

Supreme Court: McCutcheon v. Federal Election Commission

<> Supreme Court: McCutcheon v. Federal Election Commission - Symposium: McCutcheon opens the door to massive party contributions, but four Justices continue to push back forcefully. Complete coverage, opinion, and all briefs

Thursday, March 27, 2014

Organized Village of Kake v. USDA

<> Organized Village of Kake v. USDA - 3/26/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-35517. The panel reversed the district court's order, which invalidated a 2003 United States Department of Agriculture regulation temporarily exempting the Tongass National Forest in Alaska from application of the 2001 Roadless Area Conservation Rule.

Wednesday, March 19, 2014

Price Trucking Corp. v. Norampac Industries, Inc.

<> Price Trucking Corp. v. Norampac Industries, Inc. - 3/18/14. In the U.S. Court of Appeals, Second Circuit, Case No. 11-2917. The "sole question presented on appeal is whether CERCLA grants the subcontractor a right of recovery against the landowner in these circumstances, effectively requiring the landowner to pay twice for the same work performed – once to the contractor and once to the subcontractor.  We conclude that it does not."

Friday, March 14, 2014

San Luis and Delta-Mendota Water Authority v. Jewell

<> San Luis and Delta-Mendota Water Authority v. Jewell - 3/13/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-15871 and consolidated cases. The panel reversed in part and affirmed in part the district court's judgment invalidating a 2008 biological opinion by the U.S. Fish and Wildlife Service that concluded that the Central Valley and State Water Projects jeopardized the continued existence of the delta smelt and its habitat.

  • NRDC: Court Upholds Key Protections for California Bay-Delta Health - The U.S. Ninth Circuit Court of Appeals today ruled to uphold a federal plan of protection for California's vital Delta ecosystem. The court sided with the Natural Resources Defense Council (NRDC), Earthjustice, The Bay Institute and the federal government in its determination that protections for the threatened delta smelt – a bellwether species that. . .

Wednesday, March 12, 2014

Utility Air Regulatory Group v. EPA

<> Utility Air Regulatory Group v. EPA - 3/11/14. In the U.S. Court of Appeals D.C. Circuit, Case No. 12-1166. On the challenges to EPA's new source performance standards on particulates from certain steam-generating boiler units, the Panel ruled: "Several of the petitioners' challenges are not properly before us because they were first raised in petitions for reconsideration that remain pending before the agency. We reject the petitioners' remaining challenges and deny the petitions for review."