Sierra Club de Puerto Rico v. EPA

<> Sierra Club de Puerto Rico v. EPA - 3/4/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1138. The case involves challenges regarding lead contamination in Arecibo, Puerto Rico, where Intervenor-Respondent, Energy Answers Arecibo LLC, seeks to build a waste incinerator. Sierra Club, etc al do not challenge the permits, instead, they seek to vacate a 1980 EPA rule on regulation of the incinerator's lead emissions.      The Panel rules that Petitioners challenge comes too late and they dismiss Sierra Club's petition as time-barred under 42 U.S.C. § 7607(b)(1).

Citizens for Appropriate Rural v. Anthony Foxx

<> Citizens for Appropriate Rural v. Anthony Foxx - 3/3/16. In the U.S. Court of Appeals, Seventh Circuit, Case No. 15-1554. This case involves the extension of Interstate 69 (I-69) in Southern Indiana. The extension, which will connect Evansville and Indianapolis, has evolved over several decades and is scheduled to be completed in the coming years. Plaintiffs filed a complaint on August 1, 2011, raising several challenges to the extension. The district court dismissed part of Plaintiffs' complaint when ruling on Defendants' motion to dismiss, and granted summary judgment in favor of Defendants on all other counts. The Panel affirmed.

Idaho Wool Growers Association v. Tom Vilsak (USDA)

<> Idaho Wool Growers Association v. Tom Vilsak (USDA) - 3/2/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 14-35445. Among other things, the panel affirmed the district court's summary judgment in favor of the United States Forest Service in an action challenging the Forest Service's decision, made in response to concerns regarding disease transmission to immunologically vulnerable bighorn sheep, to close to domestic sheep grazing approximately 70% of allotments on which grazing had been permitted in the Payette National Forest in Idaho.

Supreme Court Rejects State Attorneys General Attack on Life-Saving Mercury Standards

<> Supreme Court Rejects State Attorneys General Attack on Life-Saving Mercury Standards - Today (Mar 3), Chief Justice John Roberts denied an emergency application filed by Michigan Attorney General Bill Schuette and allied Attorneys General to "stay" the landmark limits on toxic pollution from power plant smokestacks (MATS rule).  Opposition Petition (Mar 2) of environmental groups, states and cities opposed to the stay application Previous WIMS Coverage: What a Supreme Court ruling on mercury standards will tell us

Defenders of Wildlife v. Sally Jewell (Interior Department)

<> Defenders of Wildlife v. Sally Jewell (Interior Department) - 3/1/16. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-5284. The issue in this appeal concerns when a voluntary state conservation agreement may be considered in deciding whether or not to list a species under the Endangered Species Act. FWS's withdraw its 2010 proposal to list the dunes sagebrush lizard, whose habitat is in New Mexico and Texas and the district court granted summary judgment to the Secretary of Interior.      The Panel said: "Appellants fail to show the Service did not rationally apply its policy in evaluating the Texas plan inasmuch as the Service's factual conclusions are supported by substantial evidence in the record. Accordingly, we affirm."

Alaska Oil and Gas Association v. Jewell (Interior Dept)

<> Alaska Oil and Gas Association v. Jewell (Interior Dept) - 2/29/16. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-35619, consolidated with 13-35662, 13-35666, 13-35667, 13-35669. In 2009, FWS proposed to designate an area of Alaska's coast and waters as critical habitat for the polar bear. The proposal drew fire from oil and gas trade associations, several Alaska Native corporations and villages, and the State of Alaska claiming the habitat designation was unjustifiably large, and FWS had failed to follow ESA procedure.      The panel reversed the district court's judgment vacating the United States Fish & Wildlife Service ("FWS") designation of critical habitat in Alaska for the polar bear, a species listed as threatened under the Endangered Species Act; affirmed the district court's denial of cross-appeal claims; and remanded for entry of judgment in favor of FWS.

Certiorari denied in American Farm Bureau v. EPA

 

<> Certiorari denied in American Farm Bureau v. EPA - American Farm Bureau v. EPA (SupCt docket 15-599), a petition for certiorari was denied by the High Court. The denial leaves the 7/6/15 Third Circuit opinion in place which upheld U.S. EPA's plan to clean up Chesapeake Bay,      The high interest case involving many states and trade associations including Michigan, challenged EPA's "total maximum daily load" (TMDL) of nitrogen, phosphorous, and sediment that can be released into the Chesapeake Bay. Third Circuit Opinion: American Farm Bureau Federation v. EPA