U.S. v. Estate of E. Wayne Hage

<> U.S. v. Estate of E. Wayne Hage - 1/15/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16974. The United States brought this action for damages and injunctive relief against E. Wayne Hage (now deceased) and his son, Wayne N. Hage, alleging that they grazed cattle on federal lands without a permit or other authorization. The district court found that, in fact, the Hages had grazed cattle on federal lands without a permit or other authorization. The court nevertheless ruled almost entirely against the government by holding—contrary to longstanding binding precedent—that the Hages' water rights provided a defense to the government's claims of trespass. The district court also ruled against the government on a counterclaim—filed at the district court's invitation—even though the counterclaim plainly was barred by the statute of limitations. Finally, the district court held two federal agency officials in contempt of court for their ordinary actions, lawfully carried out within the scope of their regulatory and statutory duties, despite the fact that the actions had no effect whatsoever on this case. In this opinion, we vacate in part and reverse in part the judgment on the merits, and we remand for further proceedings before a different district judge. In a separate disposition filed today, we reverse the findings of contempt against the government officials. With Astonishing Speed, the Ninth Circuit Holds Hage Family Liable for Trespass, Damages

Mach Mining, LLC v. Secretary of Labor

<> Mach Mining, LLC v. Secretary of Labor – 1/12/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1266. Mach Mining ("Mach") petitions for review of the final order of the Federal Mine Safety and Health Review Commission concluding that two of Mach's regulatory violations under the Mine Safety and Health Act were the result of "high negligence" and one violation was also "significant and substantial." The Panel indicates, "Mach contends these determinations were unwarranted in view of its efforts to mitigate the violations and the limited danger they posed. Because the factual findings underlying these determinations are supported by substantial evidence, we deny the petition."

 

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Center for Biological Diversity v. U.S.

<> Center for Biological Diversity v. U.S. - 1/12/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16684. Unpublished opinion appealed from the United States District Court for the District of Arizona. The Center alleged that the Forest Service failed to regulate the disposal of spent lead ammunition in the Kaibab National Forest, thus making the Forest Service liable as a "contributor" to an "imminent and substantial endangerment to health or the environment" by permitting the poisoning of California condors and other wildlife.       The Panel said, "We conclude the Center has Article III standing. Because the district court did not have occasion to decide the Forest Service's Rule 12(b)(6) motion to dismiss for failure to state a claim, we reverse and remand." Appeals Court: Lead Ammunition Case in Kaibab National Forest Can Continue

 

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U.S. v. Tonawanda Coke Corp.

<> U.S. v. Tonawanda Coke Corp. - 1/11/16. In the U.S. Court of Appeals, Second Circuit, Case No. 14-1091. Summary Order. Rulings by summary order do not have precedential effect. The company [TCC] appeals the District Court's March 26, 2014 judgment adjudicating it guilty of offenses under the Clean Air Act and the Resource Conservation and Recovery Act (RCRA).      The Panel rules, "We have reviewed all of TCC's arguments on appeal and find them to be without merit. We thus AFFIRM the March 26, 2014 judgment of the District Court." Also, the Panel said, "Finally, we reject TCC's argument that the District Court 'abused its discretion' in imposing, as a special condition of probation, a requirement that TCC fund (at a cost of $12,200,000) two evaluative studies designed to investigate the effects of its conduct on human health and the environment.

 

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Anglers Conservation Network v. Pritzker

<> Anglers Conservation Network v. Pritzker - 1/5/16. In the U.S Court of Appeals, D.C. Circuit, Case No. 14-5304. Plaintiffs brought this lawsuit claiming that federal agencies unlawfully neglected to manage stocks of river herring (alewives and blueback herring), and shad (American shad and their smaller relatives, hickory shad) in the Atlantic Ocean from New York to North Carolina.      The district court granted the government's motion to dismiss the complaint on the ground that there was no basis for judicial review of the Fishery Council's decision. The Panel ruled, "In short, plaintiffs' claims are not subject to judicial review under the Magnuson-Stevens Act or the Administrative Procedure Act. The judgment of the district court is therefore affirmed."

 

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Larry Askins v. Ohio Department of Agriculture

<> Larry Askins v. Ohio Department of Agriculture - 1/6/16. In the U.S. Court of Appeals, Sixth Circuit, Case No. 15-3147. Plaintiffs-Appellants Larry and Vickie Askins filed a citizen suit alleging that Defendants-Appellees U.S. EPA, Ohio Environmental Protection Agency, and Ohio Department of Agriculture (collectively, "Defendants") violated the Clean Water Act's agency permitting procedures regarding discharges from animal feeding operations. The district court held that the Clean Water Act does not permit suits against regulators for regulatory functions and dismissed for lack of subject-matter jurisdiction. The Panel affirmed.

 

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Group Against Smog and Pollution v. Shenango, Inc.

<> Group Against Smog and Pollution v. Shenango, Inc. – 1/6/16. In the U.S Court of Appeals, Third Circuit, Case No. 15-2041. The environmental group, GASP, sued Shenango under the Clean Air Act, which operates the Neville Island Coke Plant, a coke manufacturing and by-products recovery facility in Allegheny County, PA. The District Court granted Shenango's motion to dismiss for lack of subject matter jurisdiction. The Appeals Court affirmed the District Court's Order granting Shenango's motion to dismiss, "albeit for somewhat different reasons."

 

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