Organized Village of Kake v. USDA

<> Organized Village of Kake v. USDA - 3/26/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-35517. The panel reversed the district court's order, which invalidated a 2003 United States Department of Agriculture regulation temporarily exempting the Tongass National Forest in Alaska from application of the 2001 Roadless Area Conservation Rule.

• Sen. Murkowski Welcomes Court's Affirmation of the Tongass' Exemption from the Roadless Rule - U.S. Sen. Lisa Murkowski (R-Alaska) today welcomed the Ninth Circuit Court

Price Trucking Corp. v. Norampac Industries, Inc.

<> Price Trucking Corp. v. Norampac Industries, Inc. - 3/18/14. In the U.S. Court of Appeals, Second Circuit, Case No. 11-2917. The "sole question presented on appeal is whether CERCLA grants the subcontractor a right of recovery against the landowner in these circumstances, effectively requiring the landowner to pay twice for the same work performed – once to the contractor and once to the subcontractor.  We conclude that it does not."

San Luis and Delta-Mendota Water Authority v. Jewell

<> San Luis and Delta-Mendota Water Authority v. Jewell - 3/13/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-15871 and consolidated cases. The panel reversed in part and affirmed in part the district court's judgment invalidating a 2008 biological opinion by the U.S. Fish and Wildlife Service that concluded that the Central Valley and State Water Projects jeopardized the continued existence of the delta smelt and its habitat.

• NRDC: Court Upholds Key Protections for California Bay-Delta Health - The U.S. Ninth Circuit Court of Appeals today ruled to uphold a federal plan of protection for California's vital Delta ecosystem. The court sided with the Natural Resources Defense Council (NRDC), Earthjustice, The Bay Institute and the federal government in its determination that protections for the threatened delta smelt – a bellwether species that. . .

Utility Air Regulatory Group v. EPA

<> Utility Air Regulatory Group v. EPA - 3/11/14. In the U.S. Court of Appeals D.C. Circuit, Case No. 12-1166. On the challenges to EPA's new source performance standards on particulates from certain steam-generating boiler units, the Panel ruled: "Several of the petitioners' challenges are not properly before us because they were first raised in petitions for reconsideration that remain pending before the agency. We reject the petitioners' remaining challenges and deny the petitions for review."

Kentuckians for the Commw. v. USACE

<> Kentuckians for the Commw. v. USACE - 3/7/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 13-6153. The Panel uphold the Corps's decision to issue a § 404 permit in Kentucky which they said authorizes Leeco to '"mine through' and fill certain surface stream beds, which are already in a degraded state, and requires Leeco to offset the limited environmental effect of the filling by improving other streams in the watershed."

United States v. Hudson

<> United States v. Hudson - 2/21/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-2070. Hudson "designed and executed a scheme and artifice to defraud" Bluenergy Solarwind, Inc. ("BSI") and its president, Joel Goldblatt, "by falsely representing his ready access to reliable sources of debt funding for BSI." The Appeals Court affirmed the district court decision.

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.