El Dorado Chemical Company v. EPA

El Dorado Chemical Company  v.  EPA - 8/15/14. In the U.S. Court of Appeals, Eighth Circuit, Case No. The Panel ruled that the district court did not err in upholding the EPA's ruling rejecting Arkansas's water quality standards governing plaintiff's discharge of dissolved minerals; the EPA's reading of the relevant regulations to permit it to look at downstream waters when evaluating a state's water quality standards was not plainly erroneous; the EPA's determination that Arkansas's supporting documentation was insufficient to demonstrate that the proposed standards were appropriately protective of aquatic life in the downstream waters had a rational basis and the decision to reject the State's standards was not arbitrary or capricious.

South Carolina Public Service v. FERC

South Carolina Public Service v. FERC - 8/15/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1232 (Consolidated with 12-1233, 12-1250, 12-1276, 12-1279, 12-1280, 12-1285, 12-1292, 12-1293, 12-1296, 12-1299, 12-1300, 12-1304, 12-1448, 12-1478). The case involves numerous challenges to the most recent reforms of electric transmission planning and cost allocation adopted by the Federal Energy Regulatory Commission pursuant to the Federal Power Act. The Panel ruled that FERC had authority; it  reasonably determined that regional planning must include consideration of transmission needs driven by public policy requirements; and it reasonably relied upon the reciprocity condition. Petition denied.

• Appeals' FERC 1000 Decision a Big Step Forward for America's Clean Energy Economy - The Federal Energy Regulatory Commission (FERC) Order 1000 lays the groundwork for transmission planners, particularly those in regions without wholesale electricity markets like the Southeast and some parts of the West, to create and participate in regional, rather than local, planning processes.
• Unanimous Court Decision a Victory for Clean Energy, Consumers - Appeals Court upheld the FERC Order 1000, a set of reforms issued two years ago that require large-scale regional planning of the nation's electric grid and more clean energy integration.

Minisink Residents for Enviro. v. FERC

Minisink Residents for Enviro. v. FERC - 8/15/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 12-1481. The Appeals Court said, "Though we respect the concerns they raise, we conclude that, as a legal matter, the Commission's decisions were both reasonable and reasonably explained. Consequently, we deny the petitions for review.

Sierra Club v. EPA

Sierra Club v. EPA - 8/12/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-73342 & 11-73356. The panel granted a petition for review brought by environmental groups, and vacated EPA's decision to issue a Prevention of Significant Deterioration Permit, allowing Avenal Power Center LLC to build and operate the Avenal Energy Project, a 600 megawatt natural gas-fired power plant, under the old air quality standards.

• Federal Court Strikes Down Illegal Permit for Avenal Power Plant in California

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Defenders of Wildlife v. NC Dep't of Transportation

Defenders of Wildlife v. NC Dep't of Transportation - 8/6/14. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2215. Plaintiffs claim that Defendants violated NEPA and the Department of Transportation Act of 1966 by, among other things, committing to the construction of only one segment of the transportation project—namely a replacement bridge—and denying the public the full review of the entire project and its environmental impact, as NEPA requires. The district court granted summary judgment in favor of Defendants; and the Appeals Court reversed the district court's determination and remand for further proceedings.

 

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Columbia Riverkeeper v. U.S. Coast Guard

Columbia Riverkeeper v. U.S. Coast Guard - 8/5/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-73385. The Panel dismissed due to lack of jurisdiction a petition for review of the U.S. Coast Guard's issuance of a letter of recommendation to the Federal Energy Regulatory Commission regarding the suitability of the Columbia River for vessel traffic associated with a proposed liquified gas facility and pipeline.

 

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Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers

Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers - 7/30/14. In the U.S. Court of Appeals, Firth Circuit, Case No. 13-30262. Plaintiff owns property and Plaintiff-Appellant Kent Recycling, L.L.C. has an option to purchase the property in the event that it can be used as a solid-waste landfill. In February 2012, U.S. Army Corps of Engineers issued a jurisdictional determination ("JD") stating that the property contains wetlands that are subject to regulation under the Clean Water Act. Belle and Kent sued, alleging that the JD is unlawful and should be set aside. The district court dismissed the suit for lack of subject matter urisdiction,  concluding that the JD is not "final agency action" and therefore is not reviewable under the Administrative Procedure Act. The Panel affirmed.

 

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