Chinatown Neighborhood Association v. Harris

<> Chinatown Neighborhood Association v. Harris - 7/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 14-15781. The panel affirmed the district court's dismissal of plaintiffs' amended complaint challenging California's "Shark Fin Law," which makes it "unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin" in the state.

Tulalip Tribes v. Suquamish Indian Tribe

<> Tulalip Tribes v.  Suquamish Indian Tribe - 7/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35773. The panel affirmed the district court's summary judgment in a treaty fishing rights case in which the Tulalip Tribes sought a determination of the scope of the Suquamish Indian Tribe's usual and accustomed fishing grounds and stations.

Environmental Integrity Project, et al v. EPA

<> Environmental Integrity Project, et al v. EPA - 7/20/15. In the U.S. Court of Appeals, Firfth Circuit, Case No. 14-60649. In this unpublished opinion, the Appeals Court denies a petition from environmental groups for review and uphold the EPA's final rule approving the Texas SIP which allows an entity to obtain a "flexible permit" for emissions up to a specified aggregate limit below the major source threshold.

National Assoc. for Surface Finishing v. EPA

<> National Assoc. for Surface Finishing v. EPA - In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1459. Consolidated with 12-1460, 13-1147. The case involves challenges to a 2012 regulation promulgated by U.S. EPA, revising Clean Air Act standards for emissions of hexavalent chromium. Various environmental organizations and an industry association have filed petitions challenging EPA's revised rule. The Panel denied all of the petitions for review and upheld EPA's Final Rule.

Gunpowder Riverkeeper v. FERC

<> Gunpowder Riverkeeper v. FERC - 7/21/15. In the U.S Court of Appeals, D.C. Circuit, Case No. 14-1062. In this case the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience and necessity to Columbia Gas Transmission, LLC, conditionally authorizing the company to extend a natural gas pipeline in Maryland.       Gunpowder Riverkeeper, petitioned for rehearing, which the Commission denied. Gunpowder then petitioned this court for review of the Commission's order granting the certificate and Columbia intervened in support of the Commission. The Appeals Court denied Gunpowder's petition for want of a legislatively conferred cause of action.

DE Department of Natural Resourses. v. EPA

<> DE Department of Natural Resourses. v. EPA - 7/21/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1093, Consolidated with 13-1102, 13-1104. In this case the State of Delaware, industry and environmental organizations, and an industry intervenor challenge a final rule of U.S. EPA governing the use of certain kinds of power generators -- i.e.  Reciprocating Internal Combustion Engines or "backup generators" or "emergency engines."      The Panel ruled, "We reverse the challenged rules that contain the 100-hour exemption for operation of emergency engines for purposes of emergency demand response. . . remand them to EPA for further action. . . The rest of the 2013 Rule remains in effect." Related Court Order

Pit River Tribe v. Bureau of Land Management

<> Pit River Tribe v. Bureau of Land Management - 7/20/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16961. The panel reversed the district court's order granting judgment on the pleadings in an action brought by environmental organizations challenging the Bureau of Land Management's continuation of 26 geothermal leases in northeastern California's Medicine Lake Highlands.      Because BLM must conduct environmental, historical, and cultural review under the National Environmental Policy Act and the National Historic Preservation Act before granting lease extensions under § 1005(g), the panel held that the environmental organizations' claim fell within § 1005(g)'s zone-of-interests, and the organizations had stated a claim under § 1005(g).