Recent U.S. Appeals Court Decisions

<> WildEarth Guardians v. U.S. EPA - 5/13/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1212. Petitioners sought to require EPA to add coal mines to the regulated list of stationary source categories under the Clean Air Act. The Panel ruled: "We disagree. On the record before us, we find that EPA's action easily passes muster under the 'extremely limited' and 'highly deferential' standard that governs our review of an agency's denial of a rulemaking petition."

<> Coal River Energy, LLC v. Sally Jewell - 5/13/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5119. Appellant argued that the fee under the Surface Mining Control and Reclamation Act was unconstitutional because the Export Clause of the Constitution states that "No Tax or Duty shall be laid on Articles exported from any state." The district court dismissed the case as untimely. The Panel affirmed.

<> United Fire & Casualty Company  v.  Titan Contractors Service, Inc - 05/13/14. In the U.S. Court of Appeals, Eighth Circuit, Case No: 13-1307. The case involves whether coverage and defense were barred by the "absolute pollution exclusion" and regarding whether TIAH, an acrylic concrete sealant, would fall within the policy's definition of a pollutant. The majority Panel ruled that TIAH was a pollutant and remanded the case to the district court for further proceedings.

In Defense of Animals v. US Dept. of the Interior

<> In Defense of Animals v. US Dept. of the Interior – 5/12/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-17804. The panel affirmed the district court's summary judgment in favor of federal defendants in an action alleging that the roundup, or gather, of wild horses and burros from the Twin Peaks Herd Management Area on the California-Nevada border violated the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act.

National Association of Manufacturers v. U.S. EPA

<> National Association of Manufacturers v. U.S. EPA - May 9. In the U.S. Court of Appeals, D.C. Circuit, Case Nos. 13-1069 & 13-1071. The Panel said: "In 2013, EPA tightened the primary National Ambient Air Quality Standards, or NAAQS, for fine particulate matter. The National Association of Manufacturers and other industry groups challenge that decision. Consistent with the general principle that the Clean Air Act gives EPA substantial discretion in setting the NAAQS, we deny the petitions for review.

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton

<> League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton - In the U.S. Court of Appeals, Ninth Circuit, Case No.13-35653. The Panel affirmed in part and reversed in part the district court's order, denying a motion to preliminarily enjoin the Snow Basin logging project -- with instructions to enter a preliminary injunction sufficient to protect the status quo while the USFS completes a supplemental environmental impact statement

Monroe Energy, LLC v. U.S. EPA

<> Monroe Energy, LLC v. U.S. EPA - 5/6/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1265. The case involves challenges the 2013 Renewable Fuel Standards issued pursuant to section 211(o) of the Clean Air Act, 42 U.S.C. § 7545(o). Petitioners contend that the rule must be vacated and the Panel denied the petition for review.

Latest Case Updates - Supreme Court & 9th Circuit

<> Los Angeles County Flood Control District v. NRDC - 5/5/14. In the U.S. Supreme Court, Case No. 13-901. Appealed from the U.S. Court of Appeals, Ninth Circuit. Petition DENIED.

• Supreme Court Allows Major Southern California Water Quality Victory to Stand - (May 5, 2014) – NRDC release: A decision today by the U.S. Supreme Court will protect millions of people living near and visiting Los Angeles rivers and beaches from the harmful effects of water pollution.

<> City of Pomona v. SQM North America Corp - 5/2/14. In the U.S. Court of Appeals, Ninth Circuit, Case Nos. 12-55147 & 12-55193. The case involves excessive levels of the chemical perchlorate were found in a city's water system. The Panel ruled, "Because the district court abused its discretion by not allowing a jury to resolve contested but otherwise admissible expert testimony, we reverse the district court's order of exclusion, affirm the district court's denial of the defendant's motion for summary judgment on other issues, and remand for trial."

Ark Initiative v. Thomas Tidwell

<> Ark Initiative v. Thomas Tidwell - 4/29/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5103. Responding to a petition by the State of Colorado, the U.S. Forest Service in the Department of Agriculture promulgated a final rule revising its inventory of protected "roadless" land in Colorado. The Panel rules, "Although we reject the challenge by the Service and the Company to Ark's standing, we agree that Ark's challenges lack merit and we therefore affirm."