Ruby Hiser v. XTO Energy, Inc.

Ruby Hiser  v.  XTO Energy, Inc. - 10/3/14. In the U.S. Court of Appeals, Eighth Circuit, Case No. 13-3443. Ruby Hiser won a jury verdict against XTO Energy, Inc. XTO moved for a new trial, alleging that extraneous, prejudicial information [related to fracking]] was brought to the jury's attention. The district court denied the motion and declined to subpoena the jury foreperson. XTO appeals. The Appeals Court affirmed the district court ruling.

 

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In Re: Urethane Antitrust Litigation

In Re: Urethane Antitrust Litigation - 9/29/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-3215, involving Dow Chemical Company v. Seegott Holdings, Inc. The Panel concludes, "We affirm, rejecting Dow's challenges to the order for class certification, the refusal to decertify the class, the admission of Dr. McClave's testimony, the sufficiency of the evidence, and the award of damages."

Smith Lake Improvement and Stakeholders Association v. FERC, et al.

Smith Lake Improvement and Stakeholders Association v. FERC, et al. - In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1074. The Panel said, "Petitioner Smith Lake Improvement and Stakeholder Association asserts various claims against Respondents FERC, the Secretary of Interior, and the Secretary of Agriculture relating to the Commission's issuance of a license order. Intervenor Alabama Power moved to dismiss the Association's petition for review on the ground that we lack jurisdiction because the appeal was untimely. We agree and grant the motion."

USA v. NCR Corporation

USA v. NCR Corporation - 9/25/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-2441 & 13-2447. Two decisions related to the cleanup of the Lower Fox River and Green Bay Su-perfund Site in northeastern Wisconsin. The Panel said, "We have deconsolidated the appeals of two PRPs, and we will resolve only the appeals of NCR and Glatfelter in this opinion. . . The district court's summary judgment rulings on the propriety of the remedy and Glatfelter's liability are AFFIRMED. The permanent injunction entered by the district court is VACATED. The declaratory judgment entered by the district court is AFFIRMED as to Glatfelter, but VACATED as to NCR, and Case No. 13-2441 is REMANDED for the district court to reconsider NCR's divisibility defense consistent with this opinion. Circuit Rule 36 shall not apply on remand."

Friends of the Wild Swan v. Weber

Friends of the Wild Swan v. Weber - 9/24/14. In the U.S. Court of Appeals, Ninth Circuit, Case Nos. 13-35817 & 13-35819. The panel affirmed the district court's denial of two preliminary injunctions in plaintiff environmental groups' challenges to the United States Forest Service's approval of two neighboring logging projects in Montana's Flathead National Forest.

The Boeing Company v. Movassaghi

The Boeing Company v. Movassaghi - 9/19/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-55903. The Panel ruled, "We affirm the district court's decision that a California law governing cleanup of a federal nuclear site violates the doctrine of intergovernmental immunity."

Electric Power Supply Asso. v. FERC

Full D.C. Circuit Denies Petitions to Reconsider Divided Panel Decision Overturning Vital Clean Energy Protections - In a setback for efforts to ensure clean energy resources are properly incentivized in the nation's electricity markets, the U.S. Court of Appeals for the D.C. Circuit declined, today, to grant rehearing of its May 23, 2014 divided 2-1 panel decision vacating Order 745 of the Federal Energy Regulatory Commission (FERC).

• Electric Power Supply Asso. v. FERC - 5/23/14. In the U.S. Court of Appeals, D.C. Circuit, Case Nos. 11-1486, Consolidated with 11-1489, 12-1088, 12-1091, 12-1093.

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