HonoluluTraffic.com v. FTA

<> HonoluluTraffic.com v. FTA - 2/18/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15277. The panel affirmed the district court's dismissal of plaintiffs' claims under the National Environmental Policy Act and Section 4(f) of the Department of Transportation Act arising from litigation challenging the construction of a highspeed rail project in Honolulu, Hawaii.

Reese v. Malone (BP Exploration)

<> Reese v. Malone (BP Exploration) - 2/13/14: In the U.S. Court of Appeals, Ninth Circuit, Case No.12-35260. The panel affirmed in part and reversed in part the district court's dismissal of a complaint by BP shareholders re: deliberate recklessness, false and misleading statements about the condition of Alaskan pipelines prior to and in the wake of an oil spill.

Lykins v. CertainTeed Corporation

<> Lykins v. CertainTeed Corporation - 2/12/14: In the U.S. Court of Appeals, Tenth Circuit, Case No. 12-3308. Whistleblower case where Lykins, witnessed numerous employees unlawfully handling and disposing of waste materials containing hexavalent chromium. Claims denied because he did not make his reports to any authority higher than the alleged wrongdoers at the plant.

Republic of Ecuador v. MacKay

<> Republic of Ecuador v. MacKay - 1/31/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15572. The panel affirmed two district courts’ decisions ordering the production of documents for use in a foreign proceeding.

American Chemistry Council v. U.S. EPA

<> American Chemistry Council v. U.S. EPA - 1/27/14. In the U.S. Supreme Court, Case No. 12-1248, et al. granted a motion for divided argument in the case regarding whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. Argument set for Feb. 24, 2014.

Wind Tower Trade Coalition v. U.S.

<> Wind Tower Trade Coalition v. U.S. - 1/24/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 2013-1303. Re: antidumping and countervailing duty investigations covering utility scale wind towers from China Vietnam. The Appeals Court ruled that the United States Court of International Trade decision denying Appellant's motions for preliminary injunctions and dissolving the TROs is affirmed.

Recent Cases

<> Town of Barnstable, MA v. FAA- 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1363 & 12-1364. This case involves the approval of a lease by the U.S. Department of Interior to Cape Wind Associates for construction of an offshore wind farm in Nantucket Sound. The Appeals Court denied the petition for review.

·   Cape Wind Survives a Legal Challenge to FAA Approval:

<> Pub. Employees for Env. Resp. v. U.S. Section Intl. Boundary - 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5158. Interpreting how the Freedom of Information Act balances competing interests relating to critical infrastructure, such as bridges, airports, railroad tracks, dams, and research facilities.

·   Ruling Vastly Expands Official Secrecy On Infrastructure