Aurora Energy Services, LLC v. Alaska Community Action on Toxics

<> Aurora Energy Services, LLC  v. Alaska Community Action on Toxics - 6/8/15. In the U.S. Supreme Court, Case No. 14-1060. Petition Denied. The Supreme Court declined to hear an appeal made by Aurora Energy Services, LLC, and Alaska Railroad Corporation, making it possible for the companies to be held responsible for spilling coal into Resurrection Bay from their Seward-based loading facility. Court declines to hear appeal from companies that have dumped coal into bay for decades Ninth Circuit decision in Case No. 13-35709

Adkisson v. Jacobs Eng'g Grp, Inc

<> Adkisson v. Jacobs Eng'g Grp, Inc - 6/2/15. In the U.S. Court of Appeals for the Sixth Circuit, Case No. 14-6207. The case involves a In 2008, a KIF Kentucky coal-ash containment dike that failed, spilling 5.4 million cubic yards of coal-ash sludge over 300 acres of adjacent land.      The Plaintiffs worked on the KIF remediation and, in 2013, sued, alleging that Jacobs improperly monitored fly ash; inadequately trained workers about hazards of inhaling toxic fly ash; inadequately monitored their medical conditions; denied requests for respirators and dust masks; exposed them to high concentrations of flyash toxic constituents; and fraudulently concealed that exposure.      The district court dismissed for lack of subject-matter jurisdiction, concluding that Jacobs was entitled to government-contractor immunity as a corollary of the discretionary-function exception to the Tort Claims Act, 28 U.S.C. 2674. The Appeals Court reversed, finding that such immunity is not jurisdictional and that the court should have considered a motion to dismiss for failure to state a claim.

Lost Tree Village Corp. v. United States

<> Lost Tree Village Corp. v. United States - 6/1/15. In the U.S. Court of Appeals for the Federal Circuit, Case No. 14-5093. The Appeals Court agreed with the trial court that the Army Corps of Engineers denial of an application under the Clean Water Act diminished a development value by 99.4% and constituted a per se taking and awarded Lost Tree $4,217,887.93 to the developer.

Carbon Sequestration Council v. EPA

<> Carbon Sequestration Council v. EPA - In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1046. Under the Safe Drinking Water Act, Class VI wells are designated to receive carbon dioxide streams generated as part of a climate change mitigation program known as "carbon capture and storage."      On Jan. 3, 2014, EPA issued a final rule in which it determined that supercritical carbon dioxide injected into Class VI underground wells for purposes of geologic sequestration is "solid waste" within the meaning of RCRA. Petitioners seek review of EPA's "solid waste" determination, arguing that the supercritical carbon dioxide streams at issue in this rule are not RCRA solid waste.      The Appeals Court ruled, "Neither Southern nor Occidental can show any injury sufficient to satisfy the requirements of Article III. They therefore lack standing. Carbon Sequestration Council lacks standing because Southern lacks standing. And American Petroleum Institute lacks standing because Occidental lacks standing. The petitions for review are hereby dismissed."

Hermes Consolidated, LLC v. EPA

<> Hermes Consolidated, LLC v. EPA - In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1016. Petitioner Wyoming Refining Company operates an oil refinery located in Newcastle, Wyoming. WRC is subject to EPA's renewable fuels program, but obtained an exemption through 2012. WRC unsuccessfully petitioned EPA for an extension of its exemption through 2014. The company now seeks review of EPA's denial.      The Appeals Court ruled, "We reject WRC's various challenges other than those identifying two mathematical errors in EPA's independent analysis of WRC's financial data. . . We therefore vacate EPA's decision and remand to allow the agency to reevaluate WRC's petition using the correct figures."

MS Comm. Environ. Quality v. EPA

<> MS Comm. Environ. Quality v. EPA - In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1309 (consolidated with a number of cases). In these consolidated petitions, several states, counties, industrial entities and environmental organizations challenge the EPA's determination that certain geographic areas are, or are not, in "attainment" with the EPA's ground-level ozone NAAQS.      The Appeals Court ruled, ". . .because the EPA complied with the Constitution, reasonably interpreted the Act's critical terms and wholly satisfied—indeed, in most instances, surpassed—its obligation to engage in reasoned decision-making, we deny the consolidated petitions for review in their entirety." Appeals Court Upholds Clean-Up Zone for Dallas-Fort Worth Area Air Pollution

Sierra Club v. Bostick

<> Sierra Club v. Bostick - 5/29/15. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-6099. The case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under § 404(e) of the Clean Water Act to authorize activities involving discharge of dredged or fill material in U.S. waters and wetlands.      TransCanada Corporation proposed to rely on the nationwide permit to build an oil pipeline, the Gulf Coast Pipeline (the southern leg of the Keystone XL pipeline). Three environmental groups challenged the validity of the nationwide permit and verification letters.      The district court rejected these challenges and entered judgment for the defendants. The Appeals Court affirmed the entry of judgment in favor of the defendant Corps.