Kathy Little v. Louisville Gas & Electric Co.

<> Kathy Little v. Louisville Gas & Electric Co. - 11/2/15. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-6499. This case involves the operation of the Cane Run power plant in southwestern Louisville, owned and operated by Louisville Gas and Electric Company. Plaintiffs allege that the ash, dust, and coal combustion by-products are not only annoying, but also, they are composed of dangerous elements, including arsenic, silica, lead, and chromium. The Appeals Court ruled, "The district court's order denying defendants' motion to dismiss plaintiffs' state common law claims is affirmed. We lack jurisdiction to consider the other, unrelated orders challenged by the plaintiffs in their brief on this interlocutory appeal."

Merrick, et al. v. Diageo Americas Supply

<> Merrick, et al. v. Diageo Americas Supply - 11/2/15. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-6198. This interlocutory appeal concerns whether the federal Clean Air Act preempts common law claims brought against an emitter based on the law of the state in which the emitter operates. The Appeals Court ruled, "The Clean Air Act's text makes clear that the Act does not preempt such claims. This conclusion is further supported by the Act's structure and history, together with relevant Supreme Court precedents."

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.  California Dump Truck Owners Association V. Mary Nichols - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175.

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).

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.

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.

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.)   A "Whirlwind of Confusion": Sixth Circuit Imposes Nationwide Stay of EPA's New Clean Water Rule - Analysis from Jackson Kelly PLLC State of Ohio v. U.S. Army Corps of Engineers – Complete details from WIMS October 13, 2015 Environmental HotSheet