Environmental - Appeals Court

Friday, January 16, 2015

LWD PRP Group v. Alcan Corp.

<> LWD PRP Group v. Alcan Corp. - 1/14/15. Unpublished opinion. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-5730. Appealed from the Western District of Kentucky at Paducah.
The case deals with a party's effort to obtain reimbursement for the costs of cleaning up a Superfund site in Calvert City, Kentucky. The appeal presents a particular legal question: whether the three year statute of limitations for contribution
actions after an administrative settlement to perform a removal action. . . begins running when the settlement becomes effective or begins running when the removal action is completed.
The district court agreed with Plaintiff-Appellee that the statute of limitations for such claims runs from the completion of the removal action. The Appeals Court reversed the decision indicating the 3-year time limit begins running when the settlement becomes effective.

Monday, January 12, 2015

In Re: Deepwater Horizon

<> In Re: Deepwater Horizon - 1/9/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 12-30883. A Petition for Rehearing was denied in a narrow 7-6 En Banc consideration. The dissenting judges indicated, "The denial of the petition for rehearing en banc ensures that our precedent concerning liability for oil spills under the Clean Water Act remains unclear.

State Water Contractors, et al., Petitioners v. Sally Jewell, Secretary of the Interior

<> Supreme Court Allows Scientifically Sound Protections for California's Bay-Delta Estuary to Stand - (January 12, 2015) – The Supreme Court today let stand a federal plan to protect California's vital Delta ecosystem. The Court refused to hear an appeal brought by agribusinesses trying to undermine protections.

State Water Contractors, et al., Petitioners v. Sally Jewell, Secretary of the Interior

Monday, January 5, 2015

San Luis & Delta-Medota Water v. Pacific Coast Federation

<> San Luis & Delta-Medota Water v. Pacific Coast Federation - 12/22/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15144, consolidated with several others. The panel affirmed in part and reversed in part the district court's summary judgment and remanded for entry of summary judgment in favor of defendants, federal agencies and intervenor-environmental groups, in an action pertaining to a formal Biological Opinion developed by the Commerce Department's National Marine Fisheries Service pursuant to the Endangered Species Act regarding the impact of continuing water extraction in the California Central Valley on certain threatened and endangered Salmonid species.

Trumpeter Swan Society, et al. v. EPA, et al.

<> Trumpeter Swan Society, et al. v. EPA, et al. - 12/23/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5228. 101 environmental groups filed a petition with EPA asking it to regulate spent lead bullets and shot. EPA rejected the petition and the district court upheld the decision. The Appeals Court ruled, Although we disagree with the district court -- nothing in section 21 allowed EPA to dismiss this petition as non-cognizable -- we nonetheless affirm because the environmental groups have suggested no way in which EPA could regulate spent lead bullets and shot without also regulating cartridges and shells -- precisely what section 3(2)(B)(v) prohibits.

NRDC v. EPA and Gina McCarthy

<> NRDC v. EPA and Gina McCarthy - 12/23/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1321. Split decison regarding two challenges to EPA's regulations implementing the more stringent 2008 ozone standards -- a compliance extension and revocation of some transportation conformity requirements. The majority concluded that both challenged aspects of EPA's regulations implementing the 2008 ozone standards exceed the agency's authority under the Clean Air Act.