American Forest Resource Council v. Ashe

<> American Forest Resource Council v. Ashe - 2/27/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5302 (unpublished). The Appeals Court indicates: "Appellants attack the Fish and Wildlife Service's denial of their petition to remove the 'distinct population segment' of the marbled murrelet inhabiting California, Oregon, and Washington from the Endangered Species Act's threatened species list. We affirm the district court's well-reasoned opinion. Am. Forest Res. Council v. Ashe, 946 F.Supp.2d 1 (D.D.C. 2013). We agree that the Service's determination is not contrary to agency precedent or otherwise arbitrary and capricious. D.C. Circuit upholds listing of marbled murrelet - In an unpublished decision, the D.C. Circuit Court of Appeals rejected a timber industry attempt to delist the marbled murrelet.

Alliance for the Wild Rockies (AWR) v. Bradford

<> Alliance for the Wild Rockies (AWR) v. Bradford - 2/26/15. In the U.S. Court of Appeals, Ninth Circuit, Case No.13-35768 (unpublished). The Appeals Court affirmed a lower court's dissolution of an injunction in a challenge to the Grizzly Project on the Kootenai National Forest Kootenai National Forest, Lincoln County, Montana; Grizzly Vegetation and Transportation Management Project

Ministerio Roca Solida v. United States

<> Ministerio Roca Solida v. United States - 2/26/15. In the U.S. Court of Appeals, Federal Circuit, Case No. 14-5058. In a takings dispute regarding water rights the Appeals Court upheld a Claims Court dismissal for lack of subject matter jurisdiction in light of a pending district court action.

Kansas v. Nebraska

<> Kansas v. Nebraska - 2/24/15. In the U.S. Supreme Court, Docket No. 126, Orig. The case involves an agreement between Kansas, Nebraska, and Colorado to apportion the "virgin water originating in" the Republican River Basin.      In a split decision involving concurring in part and dissenting in part by various Justices, the High Court referred the case to a Special Master and now accepted his recommendations as to appropriate equitable remedies: for Kansas, partial disgorgement but no injunction; and for Nebraska, reform of the appendix.

Yates v. US

<> Yates v. US - 2/25/15. In the U.S. Supreme Court. Docket No. 13-7451. The case involves a commercial fishing vessel in the Gulf of Mexico caught with undersized red grouper, in violation of federal conservation regulations. Subsequently the the undersized fish were thrown overboard, destroying evidence and also in violation of federal law.      In a 5-4 decision that reversed and remanded the decision of the district and appeals court the Majority concludes that "trapped" fish are not within the term "tangible object," as that term is used in section 1519 and a "tangible object" within the meaning of section 1519 is one used to record or preserve information, and fish do not meet such criteria.

Smith Lake Improvement v. FERC

<> Smith Lake Improvement v. FERC - 1/30/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1074. The Appeals Court denies to hear a challenge by Smith Lake Improvement and Stakeholder Association regarding the issuance of a license order for Alabama Power; saying it lacks jurisdiction because the appeal was untimely.

Black Mesa Water Coalition v. Jewell (DOI)

<> Black Mesa Water Coalition v. Jewell (DOI) – 1/26/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-16980. Plaintiffs sought costs and expenses, including attorney's and expert witness fees, from the Federal Office of Surface Mining Reclamation and Enforcement (OSM) after Black Mesa participated in a successful challenge to OSM's grant of a coal mining permit revision.      The Appeals Court ruled: "We reverse in part, vacate in part, and remand to the district court with instructions to remand to the agency for further proceedings on the question of 'entitlement.'"