Monday, February 1, 2016

In re: Idaho Conservation League, et al.

<> In re: Idaho Conservation League, et al. - 1/29/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1149. On Petition For Writ of Mandamus to the U.S. EPA. Opposition intervenor National Mining Association. Petitioners and EPA have now filed a joint motion for an order on consent establishing an agreed upon schedule for a rulemaking for the hardrock mining industry and timetable by which EPA would consider whether other industries would be involved with a financial assurance rulemaking.
   The Panel ruled: "We grant the joint motion. At least one of the petitioners has standing under Article III of the Constitution, and because the joint motion resolves the issues presented by the petition for mandamus, the court has no occasion to decide whether EPA's delay in promulgating section 108(b) regulations was unreasonable delay for which mandamus would lie."

Friday, January 29, 2016

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.

Wednesday, January 27, 2016

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]

Monday, January 25, 2016

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

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." 

Friday, January 22, 2016

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.

Wednesday, January 20, 2016

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."