American Farm Bureau Federation v. EPA

<> American Farm Bureau Federation v. EPA - 7/6/15. In the U.S. Court of Appeals, Third Circuit, Case No. 13-4079. In this high interest case involving many states and trade associations including Michigan, parties challenge EPA's "total maximum daily load" (TMDL) of nitrogen, phosphorous, and sediment that can be released into the Chesapeake Bay.      Challengers allege that all aspects of the TMDL that go beyond an allowable sum of pollutants (i.e., the most nitrogen, phosphorous, and sediment the Bay can safely absorb per day) exceeded the scope of the EPA's authority to regulate, largely because the agency may intrude on states' traditional role in regulating land use.      The District Court ruled against Farm Bureau, and challengers and the Appeals Court sided with EPA and affirmed the District Court's ruling. US court upholds EPA plan to clean up Chesapeake Bay

Bruce Goldfarb v. Mayor and City Council of Baltimore

<> Bruce Goldfarb v. Mayor and City Council of Baltimore - 7/1/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 14-1825. Residents brought statutory claims under the RCRA against the current and former owners of an industrial property in Baltimore alleged to have been contaminated by hazardous waste. The district court granted the property owners' motions to dismiss the claims.       The Appeals Court vacated the district court's judgment and remand the case for further proceedings. The Panel said, in part, "the district court erred in dismissing the claim against Maryland Chemical for failure to allege 'contribution' under § 6972(a)(1)(B)."

Alaska Eskimo Whaling Commission V. EPA

<> Alaska Eskimo Whaling Commission V. EPA - 6/29/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-70633. The panel granted in part and denied in part a petition for review brought by the Alaska Eskimo Whaling Commission, challenging the Beaufort Permit issued by U.S. EPA under the NPDES provisions of the Clean Water Act, authorizing the discharge of oil and gas exploration facilities of 13 waste streams into marine waters of the Beaufort Sea in accordance with conditions set forth in the Permit.

U.S. Supreme Court decides Michigan v. EPA

<> U.S. Supreme Court decides Michigan v. EPA - 6/29/15. In the U.S. Supreme Court, Docket Nos. 14–46, 14–47, and 14–49. SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, THOMAS, and ALITO, JJ., joined. THOMAS, J., filed a concurring opinion. KAGAN, J., filed a dissenting opinion, in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined.       5-4 decision indicates that EPA unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities. SCOTUS Blog complete case details and background EPA Mercury and Air Toxics Standards (MATS) website Supreme Court shoots down EPA power plant rules - MI Attorney General Bill Schuette, whose office argued the case before the court, called it a "victory for family budgets and job creation in Michigan."

Bear Valley Mutual Water v. Salazar/Jewell (DOI)

<> Bear Valley Mutual Water v. Salazar/Jewell (DOI) - 6/25/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-57297. The panel affirmed the district court's summary judgment in favor of federal defendants in an action brought by plaintiff municipalities and water districts challenging a 2010 Final Rule designating areas for the threatened Santa Ana sucker as critical habitat.

Cook v. Rockwell International

<> Cook v. Rockwell International - 6/23/15. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-1112.  As summarized by Law360, "The Tenth Circuit ordered a Colorado district court to deliver landowners a ruling on their state nuisance theory after their 25-year plutonium contamination class action against Dow Chemical Co. and the former Rockwell International Corp. failed on federal grounds."      The Appeals Court ruled in part, "This long lingering litigation deserves to find resolution soon. The judgment of the district court is vacated and the case is remanded for proceedings consistent with this opinion." Cook v. Rockwell International Corp. - Petition for certiorari denied on June 25, 2012

Association of Irritated Residents (AIR) v. US EPA

<> Association of Irritated Residents (AIR) v. US EPA - 6/23/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-73398. The panel denied a petition for review brought by the Association of Irritated Residents seeking review of EPA's promulgation of 40 C.F.R. § 52.245 under § 110(k)(6) of the Clean Air Act, an error-correcting provision, after the EPA determined that it had mistakenly approved certain New Source Review rules in 2004 as part of California's State Implementation Plan.