Associated Builders and Contractors v. Patricia Shiu

<> Associated Builders and Contractors v. Patricia Shiu – 12/12/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-5076. Associated Builders, representing federal contractors challenge regulations under the Rehabilitation Act of 1973, arguing that they exceed the Department's statutory authority and are arbitrary and capricious. The Appeals Court affirmed the district court rejection on both challenges.

Martin K. Eby Construction v. OneBeacon Insurance

<> Martin K. Eby Construction v. OneBeacon Insurance - 12/9/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-3076. In a dispute over liabilities claims for a leaking pipeline, the Appeals Court upheld a district court decision and said ". . .we can enforce the indemnity promise only if it was expressly stated and conspicuous. This indemnity clause was not conspicuous; thus, it is unenforceable. . . Accordingly, Kellogg is not entitled to indemnity from Eby or insurance coverage from Travelers, and Eby and Travelers were entitled to summary judgment.

 

Check out the WIMS Daily Environmental HotSheet for complete environment, energy and climate change news every day. (click here)

Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit

<> Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit - The U.S. Supreme Court refused to hear a case (No. 14-405) brought by representatives of Our Children's Trust seeking  protection of essential natural resources for the benefit of future generations under the public trust doctrine.

WildEarth Guardians v. McCarthy

<> WildEarth Guardians v. McCarthy - 12/1/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16797. The panel affirmed the district court's dismissal for lack of subject matter jurisdiction of plaintiff environmental groups' Clear Air Act citizen-suit action seeking to require the Environmental Protection Agency's Administrator to issue revised regulations governing ozone pollution.

Midland Power Cooperative v. FERC

<> Midland Power Cooperative v. FERC - 12/2/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1184. The Federal Energy Regulatory Commission issued an order directing Midland Power Cooperative, an Iowa electric utility, to "reconnect" to a wind generator within its territory. It denied Midland's petition for rehearing. Midland and joint petitioner National Rural Electric Cooperative Association ("NRECA") sought review. The Appeals Court ruled it did not have jurisdiction.

Supreme Court Will Hear Challenges To EPA MATS Rule

<> Supreme Court Will Hear Challenges To EPA MATS Rule – [See SCOTUS blog discussion] The Court accepted three new petitions, but consolidated them for one hour of argument and for decision.  The cases are Michigan v. EPA, Utility Air Regulatory Group v. EPA, and National Mining Association v. EPA. The Court Says Challenge Is Limited - The petitions for writs of certiorari are granted limited to the following question: "Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." Statement by Attorney General Schuette on SCOTUS Decision to Review Michigan v. EPA Case EPA's Mercury and Air Toxics Standards (MATS) website

USA v. Duane Montgomery

<> USA v. Duane Montgomery - 11/24/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 13-2596. Appealed from the Eastern District of Michigan at Detroit. Defendant Duane Montgomery challenges the district court's imposition of an above-Guidelines sentence after a jury convicted him of fraudulently obtaining funds set aside for victims of the Deepwater Horizon oil spill (i.e. a fake $2.58 million claim). The Appeals Court affirmed the district court ruling.