National Parks Conservation v. EPA

<> National Parks Conservation  v.  EPA - 1/21/16. In the U.S. Court of Appeals, Eighth Circuit, Case No. 12-2910 & 12-3481. On June 12, 2012, EPA approved the Minnesota Regional Haze State Implementation Plan. Six conservation organizations petitioned for review of the Plan. The Appeals Court ruled, "Having jurisdiction under 42 U.S.C. § 7607(b)(1), this court denies the petition."

U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect

<> U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect - In a 2-page order the U.S. Court of Appeals for the D.C. Circuit rejected efforts to put EPA's Clean Power Plan on hold. State of West Virginia, et al. v. EPA - In the U.S. Court of Appals, D.C. Circuit, Case No. 15-1363, consolidated with many others. ". . . the motion in No. 15-1418 to sever certain issues and hold them in abeyance be denied. . . oral argument be scheduled before this panel on June 2, 2016, commencing at 9:30 a.m. . ." Obama's carbon rule victory is more important than you think - On Thursday, in the first skirmish over new carbon-emissions rules, a federal appeals court in Washington refused to temporarily block their implementation -- the war is on -- lack of a delay means the utilities, coal producers and two dozen states challenging Obama's Clean Power Plan must start planning how to comply   U.S. Chamber Statement Reacting to D.C. Circuit Decision to Fast Track Legal Review of EPA Carbon Regulations for the Electricity Sector Clean Power Plan case resources - Environmental Defense Fund has posted all legal briefs in the cases about the Clean Power Plan

Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, Petitioner v.U.S. EPA

<> Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, Petitioner v.U.S. EPA – 1/19/16. In the U.S. Supreme Court, Docket No. 15-637. Appealed from the United States Court of Appeals, D.C. Circuit. Petition to hear the case denied.      Petitioners request: "The Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation respectfully requests that the agency: delay issuing the allegedly "triggering" aspects of the auto rule until such time as the consequences of regulating greenhouse gases under the PSD program are fully and properly assessed; revisit and amend its proposed interpretation of the "PSD-triggering" effect of the auto rule to avoid implementation of PSD greenhouse-gas regulation in its entirety or until such time as its effects can be fully assessed; and/or exempt, at a minimum, energy intensive trade-exposed industries from its proposed regulation of greenhouse gases under the PSD program." Petition For Writ Of Certiorari – filed by Energy-Intensive Manufacturers Working Group on November 5, 2015

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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