Monday, February 3, 2014

Republic of Ecuador v. MacKay

<> Republic of Ecuador v. MacKay - 1/31/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15572. The panel affirmed two district courts’ decisions ordering the production of documents for use in a foreign proceeding.

Tuesday, January 28, 2014

American Chemistry Council v. U.S. EPA

<> American Chemistry Council v. U.S. EPA - 1/27/14. In the U.S. Supreme Court, Case No. 12-1248, et al. granted a motion for divided argument in the case regarding whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. Argument set for Feb. 24, 2014.

Monday, January 27, 2014

Wind Tower Trade Coalition v. U.S.

<> Wind Tower Trade Coalition v. U.S. - 1/24/14. In the U.S. Court of Appeals, Federal Circuit, Case No. 2013-1303. Re: antidumping and countervailing duty investigations covering utility scale wind towers from China Vietnam. The Appeals Court ruled that the United States Court of International Trade decision denying Appellant's motions for preliminary injunctions and dissolving the TROs is affirmed.

Friday, January 24, 2014

Recent Cases

<> Town of Barnstable, MA v. FAA- 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1363 & 12-1364. This case involves the approval of a lease by the U.S. Department of Interior to Cape Wind Associates for construction of an offshore wind farm in Nantucket Sound. The Appeals Court denied the petition for review.

·   Cape Wind Survives a Legal Challenge to FAA Approval:

<> Pub. Employees for Env. Resp. v. U.S. Section Intl. Boundary - 1/22/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-5158. Interpreting how the Freedom of Information Act balances competing interests relating to critical infrastructure, such as bridges, airports, railroad tracks, dams, and research facilities.

·   Ruling Vastly Expands Official Secrecy On Infrastructure 

Thursday, January 23, 2014

Recent Cases

<> Rocky Mountain Farmers Union v. CARB - 1/22/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-15135. The panel denied the petitions for rehearing en banc on behalf of the court in a case alleging that California's Low Carbon Fuel Standard. . . the Fuel Standard's ethanol provisions were not facially discriminatory, and reversed that portion of the district court's decision.

<> Native Village of Point Hope v. Jewell - 1/22/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-35287. Reversed the district court's summary judgment entered in favor of federal defendants in an action challenging the government's environmental impact statements analyzing the environmental effects of proposed leases for oil and gas development in the Chukchi Sea. The panel remanded for further proceedings.

Tuesday, January 21, 2014

Recent Cases

<> ConocoPhillips Company v. Jeana Parko - 1/17/14. In the U.S. Court of Appeals, Seventh Circuit, Case No. 13-8023. The Appeals Court reverses the class certification order against the oil company, with directions that the district judge revisit the issue of certification in conformity with the analysis in the opinion.

<> OK Dept. Environmental Quality v. U.S. EPA - 1/17/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1307. The Appeals Court grants the petition for review and vacates the Indian Country NSR Rule with respect to non-reservation lands.

Friday, January 17, 2014

Recent cases

<> U.S. HOME CORPORATION v. US [RULE 36 JUDGMENT]- 1/15/14. REMED. United States Federal Circuit, Case No.13-5059.

<> Natural Chem Holdings, LLC v.- 1/15/14. ENERGY. United States Seventh Circuit, Case No. 13-2501. Affirmed the sale of a bankrupt ethanol  plant  in  South  Bend,  Indiana, was not stayed, and the bankruptcy judge found that the winning bidder acted in good faith.