Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit

<> Supreme Court Denies Youth Climate Advocates Public Trust Climate Suit - The U.S. Supreme Court refused to hear a case (No. 14-405) brought by representatives of Our Children's Trust seeking  protection of essential natural resources for the benefit of future generations under the public trust doctrine.

WildEarth Guardians v. McCarthy

<> WildEarth Guardians v. McCarthy - 12/1/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16797. The panel affirmed the district court's dismissal for lack of subject matter jurisdiction of plaintiff environmental groups' Clear Air Act citizen-suit action seeking to require the Environmental Protection Agency's Administrator to issue revised regulations governing ozone pollution.

Midland Power Cooperative v. FERC

<> Midland Power Cooperative v. FERC - 12/2/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1184. The Federal Energy Regulatory Commission issued an order directing Midland Power Cooperative, an Iowa electric utility, to "reconnect" to a wind generator within its territory. It denied Midland's petition for rehearing. Midland and joint petitioner National Rural Electric Cooperative Association ("NRECA") sought review. The Appeals Court ruled it did not have jurisdiction.

Supreme Court Will Hear Challenges To EPA MATS Rule

<> Supreme Court Will Hear Challenges To EPA MATS Rule – [See SCOTUS blog discussion] The Court accepted three new petitions, but consolidated them for one hour of argument and for decision.  The cases are Michigan v. EPA, Utility Air Regulatory Group v. EPA, and National Mining Association v. EPA. The Court Says Challenge Is Limited - The petitions for writs of certiorari are granted limited to the following question: "Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities." Statement by Attorney General Schuette on SCOTUS Decision to Review Michigan v. EPA Case EPA's Mercury and Air Toxics Standards (MATS) website

USA v. Duane Montgomery

<> USA v. Duane Montgomery - 11/24/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 13-2596. Appealed from the Eastern District of Michigan at Detroit. Defendant Duane Montgomery challenges the district court's imposition of an above-Guidelines sentence after a jury convicted him of fraudulently obtaining funds set aside for victims of the Deepwater Horizon oil spill (i.e. a fake $2.58 million claim). The Appeals Court affirmed the district court ruling.

Gary Vander Boegh v. EnergySolutions, Inc.

<> Gary Vander Boegh v. EnergySolutions, Inc. - 11/18/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-5047. Appeal from the United States District Court for the Western District of Kentucky at Paducah. The Appeals Court indicated, "Gary Vander Boegh applied for a job with EnergySolutions. He alleges that the prospective employer did not hire him because he engaged in protected whistleblower activity at a prior job. The district court held that Vander Boegh lacked statutory standing as an applicant―not employee―and granted summary judgment in favor of EnergySolutions. Because we agree that Vander Boegh lacks statutory standing under the Energy Reorganization Act and False Claims Act, and we lack subject-matter jurisdiction over the remaining claims, we affirm.

Alliance for the Wild Rockies v. USDA

<> Alliance for the Wild Rockies v. USDA - 11/20/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35253. The panel affirmed in part and reversed in part the district court's judgment in favor of federal and Montana state agencies and officials in an action brought by Alliance for the Wild Rockies, challenging the decision to permit recurring, low altitude helicopter flights to haze bison in the Yellowstone Grizzly Bear Recovery Zone.