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.

WIMS Environmental News Blogs

 

WIMS Environmental News Blogs   NOW THAT WE ARE ON OUR HOLIDAY BREAK IT'S A GREAT TIME TO CHECK OUT OUR ENVIRONMENTAL NEWS BLOGS

<> White House News

<> Congressional News

<> Federal Agencies News

<> Industry News

<> Enviro Group News

<> Air Quality News

<> Hazardous Waste News

<> Transportation News

We'll be back on Monday, January 5, 2015.

Aransas Project v. Bryan Shaw, et al

<> Aransas Project v. Bryan Shaw, et al - 12/16/14. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-40317. Petition for rehearing en banc the case involving the deaths of 23 endangered whooping cranes. 4 judges voted in favor of rehearing and 11 judges voted against rehearing. The petition was denied and a joint dissent was filed indicating, "If uncorrected by this Court en banc or the Supreme Court, this decision, and others like it, sends a clear message to litigants: if you don't like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal. . . The causal connection between TCEQ's failure to maintain freshwater inflows and a "take" of endangered whooping cranes is straightforward.

Conservation Congress v. Finley

<> Conservation Congress v. Finley - 12/16/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16916. The court again considers the fate of the threatened Northern Spotted Owl, this time in the context of a lumber thinning and fuel reduction project in northern California. Conservation Congress contends violations of various national environmental laws. The district court granted summary judgment in favor of the government, and the Appeals Court affirmed.

Associated Builders and Contractors v. Patricia Shiu

<> Associated Builders and Contractors v. Patricia Shiu – 12/12/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-5076. Associated Builders, representing federal contractors challenge regulations under the Rehabilitation Act of 1973, arguing that they exceed the Department's statutory authority and are arbitrary and capricious. The Appeals Court affirmed the district court rejection on both challenges.