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."

Exxon Mobil Corporation, et al v. City of New York, New York, et al

<> Exxon Mobil Corporation, et al v. City of New York, New York, et al - Apr 21: In the U.S. Supreme Court, Case No. 13-842. Appealed from the United States Court of Appeals for the Second Circuit (Case Nos. 10-4135, 10-4329). Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.

WIMS SPRING BREAK

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REMINDER: WIMS will not be publishing this week during our Spring Break. Regular daily publication will resume on Monday, April 28, 2014.

 

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NRDC v. Jewell

<> NRDC v. Jewell - 4/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-17661 involving multiple parties. The en banc decision addresses the Endangered Species Act (ESA) requirement that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (Service) prior to taking any agency action that could affect an endangered or threatened species or its critical habitat. The Panel says: "We reaffirm that Section 7(a)(2) requires such consultation, so long as the agency has 'some discretion' to take action for the benefit of a protected species." Reverse and remand. NRDC: Court Unanimously Agrees Feds Unlawfully Renewed Unsustainable Water Supply Contracts in the Bay-Delta - A unanimous eleven-judge panel of the U.S. Ninth Circuit Court of Appeals overturned two earlier court rulings that upheld the federal government's renewal of several dozen long-term. . . Judges Overturn Long-Term Central Valley Water Contracts Citing Endangered Species Protection - Court unanimously throws out earlier rulings that failed to consider imperiled delta smelt  An eleven-judge panel of the U.S. Ninth Circuit Court of Appeals today unanimously ruled that the federal Bureau of Reclamation was required