In Defense of Animals v. US Dept. of the Interior

<> In Defense of Animals v. US Dept. of the Interior – 5/12/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-17804. The panel affirmed the district court's summary judgment in favor of federal defendants in an action alleging that the roundup, or gather, of wild horses and burros from the Twin Peaks Herd Management Area on the California-Nevada border violated the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act.

National Association of Manufacturers v. U.S. EPA

<> National Association of Manufacturers v. U.S. EPA - May 9. In the U.S. Court of Appeals, D.C. Circuit, Case Nos. 13-1069 & 13-1071. The Panel said: "In 2013, EPA tightened the primary National Ambient Air Quality Standards, or NAAQS, for fine particulate matter. The National Association of Manufacturers and other industry groups challenge that decision. Consistent with the general principle that the Clean Air Act gives EPA substantial discretion in setting the NAAQS, we deny the petitions for review.

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton

<> League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton - In the U.S. Court of Appeals, Ninth Circuit, Case No.13-35653. The Panel affirmed in part and reversed in part the district court's order, denying a motion to preliminarily enjoin the Snow Basin logging project -- with instructions to enter a preliminary injunction sufficient to protect the status quo while the USFS completes a supplemental environmental impact statement

Monroe Energy, LLC v. U.S. EPA

<> Monroe Energy, LLC v. U.S. EPA - 5/6/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1265. The case involves challenges the 2013 Renewable Fuel Standards issued pursuant to section 211(o) of the Clean Air Act, 42 U.S.C. § 7545(o). Petitioners contend that the rule must be vacated and the Panel denied the petition for review.

Latest Case Updates - Supreme Court & 9th Circuit

<> Los Angeles County Flood Control District v. NRDC - 5/5/14. In the U.S. Supreme Court, Case No. 13-901. Appealed from the U.S. Court of Appeals, Ninth Circuit. Petition DENIED.

• Supreme Court Allows Major Southern California Water Quality Victory to Stand - (May 5, 2014) – NRDC release: A decision today by the U.S. Supreme Court will protect millions of people living near and visiting Los Angeles rivers and beaches from the harmful effects of water pollution.

<> City of Pomona v. SQM North America Corp - 5/2/14. In the U.S. Court of Appeals, Ninth Circuit, Case Nos. 12-55147 & 12-55193. The case involves excessive levels of the chemical perchlorate were found in a city's water system. The Panel ruled, "Because the district court abused its discretion by not allowing a jury to resolve contested but otherwise admissible expert testimony, we reverse the district court's order of exclusion, affirm the district court's denial of the defendant's motion for summary judgment on other issues, and remand for trial."

Ark Initiative v. Thomas Tidwell

<> Ark Initiative v. Thomas Tidwell - 4/29/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5103. Responding to a petition by the State of Colorado, the U.S. Forest Service in the Department of Agriculture promulgated a final rule revising its inventory of protected "roadless" land in Colorado. The Panel rules, "Although we reject the challenge by the Service and the Company to Ark's standing, we agree that Ark's challenges lack merit and we therefore affirm."

Recent Supreme & COA Court Cases

<> American Lung Association v. EME Homer City Generation - 4/29/14. In the U.S. Supreme Court, Case No. 12-1182. The cases concern the efforts of Congress and U.S. EPA to cope with a complex problem: air pollution emitted in one State, but causing harm in other States. The Majority 6-2 opinion reverses and remands the D.C. Circuit on the the Cross-State Air Pollution Rule (Transport Rule), which curbs NOX and SO2 emissions in 27 upwind States to achieve downwind attainment of three NAAQS. The two dissenting Justices said, "the majority approves that undemocratic revi­sion of the Clean Air Act. The Agency came forward with a textual justification for its action, relying on a farfetched meaning of the word 'significantly' in the statutory text."

• EDF Release: Supreme Court Win for Cross-State Air Pollution Rule

<> Shell Oil Company v. US – 4/28/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 13-5051. The majority concludes that a "Taxes" clause in several contracts for high-octane aviation gas ("avgas") should be broadly interpreted to require the United States to indemnify the Oil Companies for a CERCLA judgment covering restoration efforts of the McColl acid waste site more than fifty years after the completion of the contracts.

 

<> Bayless v. United States - 4/28/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 12-4120. Sixteen years after a debilitating illness, Bayless, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. The majority Panel ruled, "We conclude that under the unusual circumstances presented here, the period of limitation did not accrue until February 2007."