Midland Power Cooperative v. FERC

<> Midland Power Cooperative v. FERC - 12/2/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1184. The Federal Energy Regulatory Commission issued an order directing Midland Power Cooperative, an Iowa electric utility, to "reconnect" to a wind generator within its territory. It denied Midland's petition for rehearing. Midland and joint petitioner National Rural Electric Cooperative Association ("NRECA") sought review. The Appeals Court ruled it did not have jurisdiction.

Supreme Court Will Hear Challenges To EPA MATS Rule

<> Supreme Court Will Hear Challenges To EPA MATS Rule – [See SCOTUS blog discussion] The Court accepted three new petitions, but consolidated them for one hour of argument and for decision.  The cases are Michigan v. EPA, Utility Air Regulatory Group v. EPA, and National Mining Association v. EPA. The Court Says Challenge Is Limited - The petitions for writs of certiorari are granted limited to the following question: "Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." Statement by Attorney General Schuette on SCOTUS Decision to Review Michigan v. EPA Case EPA's Mercury and Air Toxics Standards (MATS) website

USA v. Duane Montgomery

<> USA v. Duane Montgomery - 11/24/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 13-2596. Appealed from the Eastern District of Michigan at Detroit. Defendant Duane Montgomery challenges the district court's imposition of an above-Guidelines sentence after a jury convicted him of fraudulently obtaining funds set aside for victims of the Deepwater Horizon oil spill (i.e. a fake $2.58 million claim). The Appeals Court affirmed the district court ruling.

Gary Vander Boegh v. EnergySolutions, Inc.

<> Gary Vander Boegh v. EnergySolutions, Inc. - 11/18/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-5047. Appeal from the United States District Court for the Western District of Kentucky at Paducah. The Appeals Court indicated, "Gary Vander Boegh applied for a job with EnergySolutions. He alleges that the prospective employer did not hire him because he engaged in protected whistleblower activity at a prior job. The district court held that Vander Boegh lacked statutory standing as an applicant―not employee―and granted summary judgment in favor of EnergySolutions. Because we agree that Vander Boegh lacks statutory standing under the Energy Reorganization Act and False Claims Act, and we lack subject-matter jurisdiction over the remaining claims, we affirm.

Alliance for the Wild Rockies v. USDA

<> Alliance for the Wild Rockies v. USDA - 11/20/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35253. The panel affirmed in part and reversed in part the district court's judgment in favor of federal and Montana state agencies and officials in an action brought by Alliance for the Wild Rockies, challenging the decision to permit recurring, low altitude helicopter flights to haze bison in the Yellowstone Grizzly Bear Recovery Zone.

Cuomo v. Crane Co.

<> Cuomo v. Crane Co. - 11/13/14. In the U.S. Court of Appeals, Second Circuit, Case No. 13-4510. Crane argues that the district court erred by requiring evidence that the Navy either affirmatively proscribed or dictated the content of asbestos warnings as the basis of Crane's federal contractor defense. The Panel said, "Because we agree that Crane has asserted a colorable federal contractor defense despite the absence of such evidence, we reverse."

Shell Gulf of Mexico v. Center for Biological Diversity, et al.

<> Shell Gulf of Mexico v. Center for Biological Diversity, et al. - 11/12/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35835. The panel reversed the district court's order denying environmental groups' motion to dismiss, due to lack of a case or controversy under Article III of the U.S. Constitution, a Declaratory Judgment Act lawsuit filed by Shell Gulf of Mexico, Inc., seeking a declaration that the federal Bureau of Safety and Environmental Enforcement's approval of two oil spill response plans, required by the Oil Pollution Act, for Alaska's Beaufort and Chukchi Seas did not violate the Administrative Procedure Act. Federal Court Tosses Shell Oil Company's Preemptive Suit Against Environmental Groups - The U.S. Court of Appeals for the Ninth Circuit rejected today a Shell Gulf of Mexico Inc. and Shell Offshore Inc. lawsuit that attempted to prevent environmental groups from challenging. . .