Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops

<> Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops - This week, the Ninth U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA) -- The three-sentence order, which does not include the judge's reasoning, denied EPA's request.

25 States Asks U.S. Supreme Court to Stay Clean Power Rule

<> 25 States Asks U.S. Supreme Court to Stay Clean Power Rule - West Virginia Attorney General Patrick Morrisey and Texas helped lead officials from 29 states and state agencies in urging the U.S. Supreme Court to immediately halt the "ongoing damage" caused by the Environmental Protection Agency's Power Plan -- they said, "The rule illegally forces states to overhaul their energy portfolio and does so without congressional authority, costing countless jobs, increasing electricity prices and jeopardizing energy reliability." [includes link to the application & appendices] Polluter-Allied Attorneys General Try "Hail Mary" To Delay Clean Power Plan U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect

Supreme Court Decides FERC v. Electric Power Supply Assn

<> Supreme Court Decides in Favor of Clean, Low Cost Energy in Landmark Demand Response Case - The Supreme Court announced an historic 6-2 decision today that is a major victory for customer-friendly, clean, low-cost, and reliable energy - Supreme Court reversed a lower court ruling, and decided in favor of the Federal Energy Regulatory Commission's (FERC) well-designed clean energy policy FERC v. Electric Power Supply Assn. - Federal Energy Regulatory Commission v. Electric Power Supply Association (Docket No. 14-840) and EnerNOC, Inc. v. Electric Power Supply Association (Docket No. 14-841) Dockets: No. 14-840 & Vide 14-841 Questions presented and all briefs filed

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