Tuesday, November 3, 2015

California Dump Truck Owners Association V. Mary Nichols

<> California Dump Truck Owners Association V. Mary Nichols - In the U.S. Supreme Court, Docket No. 15-123, petition to appeal the decision of the Ninth Circuit denied.

Samuel Zook, et al., v. U.S. EPA

<> Samuel Zook, et al., v. U.S. EPA - 11/2/15. In the U.S. Supreme Court, Docket No. 15-350, petition to appeal the decision of the D.C. Circuit denied. The U.S. Court of Appeals for the D.C Circuit dismissed a lawsuit (Case No. 14-5187) to force EPA to regulate emissions from animal feeding operations (AFOs). 

Tuesday, October 27, 2015

Bode & Grenier, LLP v. Carroll Knight

<> Bode & Grenier, LLP v. Carroll Knight - 10/23/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-7104. A law firm based in the District of Columbia, Bode & Grenier, LLP, provided legal services to three Michigan-based companies owned and managed by Carroll Knight ("appellants") who offer petroleum fueling products and services. More than ten years into the relationship, appellants stopped paying the bill. The predictable result? Litigation. The law firm prevailed in the district court, winning a judgment for $70,000 in overdue legal fees—plus $269,585.19 in legal fees for having to litigate over $70,000 in legal fees. We affirm the district court.

Tuesday, October 20, 2015

CPV Maryland, LLC v. PPL EnergyPlus, LLC

<> CPV Maryland, LLC v. PPL EnergyPlus, LLC - 10/19/15. In the U.S. Supreme Court, Docket No. 14-623, Appealed from the decision of the Fourth Circuit. The petition for a writ of certiorari in No. 14-614 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Thursday, October 15, 2015

Judicial panel decides against centralizing WOTUS cases in D.C.

<> Judicial panel decides against centralizing WOTUS cases in D.C. - In the latest development in the WOTUS wars. a panel of federal judges has declined to move all the outstanding cases to the District of Columbia District Court, as requested by the Environmental Protection Agency -- that leaves nine cases active in seven districts. (the order for a list of those cases.)

 

Wednesday, October 14, 2015

Federal Energy Regulatory Commission, Petitioner v. Electric Power Supply

<> Supreme Court to Hear Arguments Today for Access to Clean, Low-Cost Energy - The case, FERC v. EPSA, centers on demand response – a tool that helps lower power costs for people and businesses while strengthening reliability and protecting the environment and public health.

Tuesday, October 13, 2015

David Herr v. U.S. Forest Service

<> David Herr v. U.S. Forest Service - 10/9/15. In the U.S. Court of Appeals, Sixth Circuit, Case No.14-2381. Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it; however, the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area. 

     Herr sued seeking to enjoin enforcement of the regulation on the ground that the relevant federal statute preserves their state-law property right to use all of the lake.       The district court held that a six-year time bar on the action was jurisdictional and that the Herr had waited too long to file this lawsuit. The Appeals Court reversed saying it  based its decision "in large part on a Supreme Court decision handed down after the district court's decision." [See United States v. Kwai Fun Wong, 135 S. Ct. 1625 (2015).]