WildEarth Guardians v. EPA

WildEarth Guardians v. EPA - 7/17/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-71523. On challenges to the Nevada air pollution SIP, the Panel concluded that the EPA's decision was not arbitrary and capricious and that EPA's approval of Nevada's SIP did not violate any requirements imposed by 42 U.S.C. § 7410(1).

 

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Ralls Corporation v. Committee on Foreign Investment

Ralls Corporation v. Committee on Foreign Investment - 7/15/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5315. The case challenges a decision by Committee on Foreign Investment in the United States (CFIUS) and a Presidential Order denying a transaction by a Chinese company to purchase 4 wind farms in Oregon saying they posed a threat to national security. The district court dismissed both the CFIUS decision and Order. The Panel reversed the district court decision and remanded with instructions.

 

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State of Michigan v. United States Army Corps of Engineers

State of Michigan v. United States Army Corps of Engineers - 7/14/14. In the U.S. Court of Appeals, Seventh Circuit, Case No. 12-3800. Plaintiffs, five Great Lakes states, ask the Appeals Court to step in and impose measures to ensure that the Asian Carp are forever blocked from the Lakes. In an informative, 30-page opinion, the Panel concludes, ". . .we hold that the States have failed to state a claim upon which relief can be granted, either under a public nuisance theory or under the APA. We therefore affirm the judgment of the district court."

 

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Friends of Merrymeeting Bay v. Hydro Kennebec, LLC

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC - 7/14/14. In the U.S. Court of Appeals, First Circuit, Case No. 13-1220/1750. Two conservation groups, brought two citizen enforcement suits containing claims under the Endangered Species Act and the Clean Water Act against Hydro Kennebec, LLC, et al. The district court entered summary judgment in favor of Defendants as to the CWA claims in both cases, and Plaintiffs appealed the rulings. The Panel vacated and remanded the judgments.

 

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Alt v. Chesapeake Bay Foundation

Alt v. Chesapeake Bay Foundation - 7/14/14. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2200. Plaintiff Lois Alt, a West Virginia farmer, sued EPA in the seeking declaratory relief in connection with EPA administrative enforcement proceedings against her for violations relating to her chicken farm. CBF attempted to intervene and the district court denied its intervention motion as untimely. CBF appealed the Denial Order, and, the Panel affirmed the denial.

 

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Hobart Corp. v. Waste Mgmt. of Ohio, Inc.

Hobart Corp. v. Waste Mgmt. of Ohio, Inc. - 7/14/14. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 13-3273/3276. The case involves the apportionment of liability between various entities that allegedly created an environmental hazard at a landfill in Ohio. In both cases, the district court dismissed Appellants' § 113(f)(3)(B) contribution claims as untimely and dismissed the unjust-enrichment claims for failing to state a valid cause of action under Ohio law. The Panel affirmed the district court's dismissals and its grant of summary judgment to Appellees.

 

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Recent U.S. Appeals Court decisions

<> National Mining Association v. Gina McCarthy - 7/11/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5310. The Panel concludes, "that the Enhanced Coordination Process memorandum is a procedural rule that EPA and the Corps had authority to enact under the Clean Water Act. Under our case law, we conclude that the Final Guidance is not a final agency action subject to review at this time. We therefore reverse the District Court's grant of summary judgment and remand to the District Court with instructions to grant judgment for defendants on the Enhanced Coordination Process and to dismiss the challenge to the Final Guidance."

• The D.C. Circuit Rejects Challenge to EPA's Final Guidance on CWA Coal Mining Permits: EPA Action Has to Be Really, Really, Final to Be Appealable - On Friday, the D.C. Circuit reversed Judge Reggie Walton's decision from 2012 and affirmed EPA's authority to adopt the "Enhanced Coordination Process" governing coordination with the Army Corps of Engineers. . .

<> Southern Appalachian Mountain Stewards v. A & G Coal Corporation - 7/11/14. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2050. The question in this case is whether the defendant-appellant, A & G Coal Corporation ("A&G"), can assert a "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The Panel held that the shield defense is unavailable to A&G.

• Mountaintop Removal Mines are not automatically shielded; will be held accountable for unpermitted pollution

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