Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops

<> Court Rejects EPA's Bid to Revoke Use of Dow's 2,4-D/Roundup (Enlist Duo) Pesticide in GE Crops - This week, the Ninth U.S. Circuit Court of Appeals handed a victory to Dow Chemical Company and its efforts to keep the toxic pesticide Enlist Duo on the market, despite new safety concerns identified by the Environmental Protection Agency (EPA) -- The three-sentence order, which does not include the judge's reasoning, denied EPA's request.

25 States Asks U.S. Supreme Court to Stay Clean Power Rule

<> 25 States Asks U.S. Supreme Court to Stay Clean Power Rule - West Virginia Attorney General Patrick Morrisey and Texas helped lead officials from 29 states and state agencies in urging the U.S. Supreme Court to immediately halt the "ongoing damage" caused by the Environmental Protection Agency's Power Plan -- they said, "The rule illegally forces states to overhaul their energy portfolio and does so without congressional authority, costing countless jobs, increasing electricity prices and jeopardizing energy reliability." [includes link to the application & appendices] Polluter-Allied Attorneys General Try "Hail Mary" To Delay Clean Power Plan U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect

Supreme Court Decides FERC v. Electric Power Supply Assn

<> Supreme Court Decides in Favor of Clean, Low Cost Energy in Landmark Demand Response Case - The Supreme Court announced an historic 6-2 decision today that is a major victory for customer-friendly, clean, low-cost, and reliable energy - Supreme Court reversed a lower court ruling, and decided in favor of the Federal Energy Regulatory Commission's (FERC) well-designed clean energy policy FERC v. Electric Power Supply Assn. - Federal Energy Regulatory Commission v. Electric Power Supply Association (Docket No. 14-840) and EnerNOC, Inc. v. Electric Power Supply Association (Docket No. 14-841) Dockets: No. 14-840 & Vide 14-841 Questions presented and all briefs filed

National Parks Conservation v. EPA

<> National Parks Conservation  v.  EPA - 1/21/16. In the U.S. Court of Appeals, Eighth Circuit, Case No. 12-2910 & 12-3481. On June 12, 2012, EPA approved the Minnesota Regional Haze State Implementation Plan. Six conservation organizations petitioned for review of the Plan. The Appeals Court ruled, "Having jurisdiction under 42 U.S.C. § 7607(b)(1), this court denies the petition."

U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect

<> U.S. Court of Appeals Rules that Clean Power Plan Will Remain in Effect - In a 2-page order the U.S. Court of Appeals for the D.C. Circuit rejected efforts to put EPA's Clean Power Plan on hold. State of West Virginia, et al. v. EPA - In the U.S. Court of Appals, D.C. Circuit, Case No. 15-1363, consolidated with many others. ". . . the motion in No. 15-1418 to sever certain issues and hold them in abeyance be denied. . . oral argument be scheduled before this panel on June 2, 2016, commencing at 9:30 a.m. . ." Obama's carbon rule victory is more important than you think - On Thursday, in the first skirmish over new carbon-emissions rules, a federal appeals court in Washington refused to temporarily block their implementation -- the war is on -- lack of a delay means the utilities, coal producers and two dozen states challenging Obama's Clean Power Plan must start planning how to comply   U.S. Chamber Statement Reacting to D.C. Circuit Decision to Fast Track Legal Review of EPA Carbon Regulations for the Electricity Sector Clean Power Plan case resources - Environmental Defense Fund has posted all legal briefs in the cases about the Clean Power Plan

Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, Petitioner v.U.S. EPA

<> Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, Petitioner v.U.S. EPA – 1/19/16. In the U.S. Supreme Court, Docket No. 15-637. Appealed from the United States Court of Appeals, D.C. Circuit. Petition to hear the case denied.      Petitioners request: "The Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation respectfully requests that the agency: delay issuing the allegedly "triggering" aspects of the auto rule until such time as the consequences of regulating greenhouse gases under the PSD program are fully and properly assessed; revisit and amend its proposed interpretation of the "PSD-triggering" effect of the auto rule to avoid implementation of PSD greenhouse-gas regulation in its entirety or until such time as its effects can be fully assessed; and/or exempt, at a minimum, energy intensive trade-exposed industries from its proposed regulation of greenhouse gases under the PSD program." Petition For Writ Of Certiorari – filed by Energy-Intensive Manufacturers Working Group on November 5, 2015

U.S. v. Estate of E. Wayne Hage

<> U.S. v. Estate of E. Wayne Hage - 1/15/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16974. The United States brought this action for damages and injunctive relief against E. Wayne Hage (now deceased) and his son, Wayne N. Hage, alleging that they grazed cattle on federal lands without a permit or other authorization. The district court found that, in fact, the Hages had grazed cattle on federal lands without a permit or other authorization. The court nevertheless ruled almost entirely against the government by holding—contrary to longstanding binding precedent—that the Hages' water rights provided a defense to the government's claims of trespass. The district court also ruled against the government on a counterclaim—filed at the district court's invitation—even though the counterclaim plainly was barred by the statute of limitations. Finally, the district court held two federal agency officials in contempt of court for their ordinary actions, lawfully carried out within the scope of their regulatory and statutory duties, despite the fact that the actions had no effect whatsoever on this case. In this opinion, we vacate in part and reverse in part the judgment on the merits, and we remand for further proceedings before a different district judge. In a separate disposition filed today, we reverse the findings of contempt against the government officials. With Astonishing Speed, the Ninth Circuit Holds Hage Family Liable for Trespass, Damages

Mach Mining, LLC v. Secretary of Labor

<> Mach Mining, LLC v. Secretary of Labor – 1/12/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1266. Mach Mining ("Mach") petitions for review of the final order of the Federal Mine Safety and Health Review Commission concluding that two of Mach's regulatory violations under the Mine Safety and Health Act were the result of "high negligence" and one violation was also "significant and substantial." The Panel indicates, "Mach contends these determinations were unwarranted in view of its efforts to mitigate the violations and the limited danger they posed. Because the factual findings underlying these determinations are supported by substantial evidence, we deny the petition."

 

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Center for Biological Diversity v. U.S.

<> Center for Biological Diversity v. U.S. - 1/12/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-16684. Unpublished opinion appealed from the United States District Court for the District of Arizona. The Center alleged that the Forest Service failed to regulate the disposal of spent lead ammunition in the Kaibab National Forest, thus making the Forest Service liable as a "contributor" to an "imminent and substantial endangerment to health or the environment" by permitting the poisoning of California condors and other wildlife.       The Panel said, "We conclude the Center has Article III standing. Because the district court did not have occasion to decide the Forest Service's Rule 12(b)(6) motion to dismiss for failure to state a claim, we reverse and remand." Appeals Court: Lead Ammunition Case in Kaibab National Forest Can Continue

 

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U.S. v. Tonawanda Coke Corp.

<> U.S. v. Tonawanda Coke Corp. - 1/11/16. In the U.S. Court of Appeals, Second Circuit, Case No. 14-1091. Summary Order. Rulings by summary order do not have precedential effect. The company [TCC] appeals the District Court's March 26, 2014 judgment adjudicating it guilty of offenses under the Clean Air Act and the Resource Conservation and Recovery Act (RCRA).      The Panel rules, "We have reviewed all of TCC's arguments on appeal and find them to be without merit. We thus AFFIRM the March 26, 2014 judgment of the District Court." Also, the Panel said, "Finally, we reject TCC's argument that the District Court 'abused its discretion' in imposing, as a special condition of probation, a requirement that TCC fund (at a cost of $12,200,000) two evaluative studies designed to investigate the effects of its conduct on human health and the environment.

 

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Anglers Conservation Network v. Pritzker

<> Anglers Conservation Network v. Pritzker - 1/5/16. In the U.S Court of Appeals, D.C. Circuit, Case No. 14-5304. Plaintiffs brought this lawsuit claiming that federal agencies unlawfully neglected to manage stocks of river herring (alewives and blueback herring), and shad (American shad and their smaller relatives, hickory shad) in the Atlantic Ocean from New York to North Carolina.      The district court granted the government's motion to dismiss the complaint on the ground that there was no basis for judicial review of the Fishery Council's decision. The Panel ruled, "In short, plaintiffs' claims are not subject to judicial review under the Magnuson-Stevens Act or the Administrative Procedure Act. The judgment of the district court is therefore affirmed."

 

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Larry Askins v. Ohio Department of Agriculture

<> Larry Askins v. Ohio Department of Agriculture - 1/6/16. In the U.S. Court of Appeals, Sixth Circuit, Case No. 15-3147. Plaintiffs-Appellants Larry and Vickie Askins filed a citizen suit alleging that Defendants-Appellees U.S. EPA, Ohio Environmental Protection Agency, and Ohio Department of Agriculture (collectively, "Defendants") violated the Clean Water Act's agency permitting procedures regarding discharges from animal feeding operations. The district court held that the Clean Water Act does not permit suits against regulators for regulatory functions and dismissed for lack of subject-matter jurisdiction. The Panel affirmed.

 

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Group Against Smog and Pollution v. Shenango, Inc.

<> Group Against Smog and Pollution v. Shenango, Inc. – 1/6/16. In the U.S Court of Appeals, Third Circuit, Case No. 15-2041. The environmental group, GASP, sued Shenango under the Clean Air Act, which operates the Neville Island Coke Plant, a coke manufacturing and by-products recovery facility in Allegheny County, PA. The District Court granted Shenango's motion to dismiss for lack of subject matter jurisdiction. The Appeals Court affirmed the District Court's Order granting Shenango's motion to dismiss, "albeit for somewhat different reasons."

 

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Alaska Wilderness League v. Jewell (Dept. of Interior)

<> Alaska Wilderness League v. Jewell (Dept. of Interior) - 12/31/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 15-35559. Appellants challenge an incidental take regulation that permits the incidental harm to walruses during Arctic oil and gas explorations. The Panel rules, "Because changed conditions have mooted the underlying controversy, we cannot issue the advisory opinion the parties seek. . .We dismiss this appeal as moot, vacate the judgment and order of the district court, and direct the district court to dismiss this action upon remand."

 

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Dalton Trucking, Inc. v. EPA

<> Dalton Trucking, Inc. v. EPA - 12/18/15. In the U.S. Court of Appeals D.C. Circuit, Case No. 12/18/15. In the U.S. Court of Appeals D.C. Circuit, Case No. 13-1283 & 13-1287. Cases involve a final decision by EPA regarding California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines -- concerns were raised regarding venue between the D.C. Circuit or the Ninth Circuit.      The Panel ruled: Petitioners claim that because EPA's decision does not satisfy either of the statutory avenues for filing in the D.C. Circuit, venue is not proper in this court. We agree. We therefore dismiss the petitions for review."

 

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Friends of Animals v. Dan Ashe

<> Friends of Animals v. Dan Ashe - 12/22/15. In the U.S. Court of Appeals D.C. Circuit, Case No. 14-5172. The case involves the Endangered Species Act and a 2012 petition from . Friends of Animals to the U.S. Fish and Wildlife Service to list certain species of sturgeon as endangered or threatened -- The Service extensively delayed required responses and Friends brought suit, but did not give the required 60 day notice.      The Panel said and ruled: "The District Court held that Friends of Animals did not give the Service adequate notice before suing. The District Court therefore dismissed the complaint. We affirm."

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