Recent Supreme & COA Court Cases

<> American Lung Association v. EME Homer City Generation - 4/29/14. In the U.S. Supreme Court, Case No. 12-1182. The cases concern the efforts of Congress and U.S. EPA to cope with a complex problem: air pollution emitted in one State, but causing harm in other States. The Majority 6-2 opinion reverses and remands the D.C. Circuit on the the Cross-State Air Pollution Rule (Transport Rule), which curbs NOX and SO2 emissions in 27 upwind States to achieve downwind attainment of three NAAQS. The two dissenting Justices said, "the majority approves that undemocratic revi­sion of the Clean Air Act. The Agency came forward with a textual justification for its action, relying on a farfetched meaning of the word 'significantly' in the statutory text."

• EDF Release: Supreme Court Win for Cross-State Air Pollution Rule

<> Shell Oil Company v. US – 4/28/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 13-5051. The majority concludes that a "Taxes" clause in several contracts for high-octane aviation gas ("avgas") should be broadly interpreted to require the United States to indemnify the Oil Companies for a CERCLA judgment covering restoration efforts of the McColl acid waste site more than fifty years after the completion of the contracts.

 

<> Bayless v. United States - 4/28/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 12-4120. Sixteen years after a debilitating illness, Bayless, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. The majority Panel ruled, "We conclude that under the unusual circumstances presented here, the period of limitation did not accrue until February 2007."

Exxon Mobil Corporation, et al v. City of New York, New York, et al

<> Exxon Mobil Corporation, et al v. City of New York, New York, et al - Apr 21: In the U.S. Supreme Court, Case No. 13-842. Appealed from the United States Court of Appeals for the Second Circuit (Case Nos. 10-4135, 10-4329). Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

WIMS SPRING BREAK

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REMINDER: WIMS will not be publishing this week during our Spring Break. Regular daily publication will resume on Monday, April 28, 2014.

 

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NRDC v. Jewell

<> NRDC v. Jewell - 4/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-17661 involving multiple parties. The en banc decision addresses the Endangered Species Act (ESA) requirement that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. The Panel says: "We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has 'some discretion' to take action for the benefit of a protected species." Reverse and remand. NRDC: Court Unanimously Agrees Feds Unlawfully Renewed Unsustainable Water Supply Contracts in the Bay-Delta - A unanimous eleven-judge panel of the U.S. Ninth Circuit Court of Appeals overturned two earlier court rulings that upheld the federal government's renewal of several dozen long-term. . . Judges Overturn Long-Term Central Valley Water Contracts Citing Endangered Species Protection - Court unanimously throws out earlier rulings that failed to consider imperiled delta smelt  An eleven-judge panel of the U.S. Ninth Circuit Court of Appeals today unanimously ruled that the federal Bureau of Reclamation was required

White Stallion Energy Center v. U.S. EPA

<> White Stallion Energy Center v. U.S. EPA - 4/15/14: In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1100, consolidated with over two dozen cases. The split Panel denied the challenges to EPA's emission standards for mercury and a number of listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units.

Communities for a Better Environment v. U.S. EPA

<> Communities for a Better Environment v. U.S. EPA - 4/11. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1423. "Petitioners argue that EPA's decisions concerning both the primary and secondary standards for carbon monoxide were arbitrary and capricious. We conclude that EPA acted reasonably in retaining the same primary standards for carbon monoxide, and that petitioners lack Article III standing to challenge EPA's decision not to set a secondary standard for carbon monoxide."

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 6^th Circuit decision

• HMC v. ACOE – 10/30/13. U.S. Court of Appeals Sixth Circuit, Case No. 12-2217