National Association of Home v. EPA

<> National Association of Home v. EPA – 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-5290. Home Builders challenged a preliminary, internal determination, made by U.S. EPA and the Army Corps of Engineers in 2008, that two stretches of the Santa Cruz River in southern Arizona are traditional navigable waters -- i.e.  "waters of the United States."      The Appeals Court denied the Home Builders challenge and ruled, "We hold that Home Builders' case for standing, although since supplemented with new declarations from members adding factual detail to their assertions of injury, is materially unchanged and thus precluded by Home Builders I."

Turlock Irrigation District v. FERC

<> Turlock Irrigation District v. FERC - 5/15/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1250 & 1253 Turlock contends that the Project does not fall within FERC's licensing jurisdiction. Conversely the Tuolumne River Trust and other conservation groups said FERC erred by not finding that it had licensing jurisdiction for four reasons instead of three determined by FERC.      The Appeals Court  concludes that FERC's jurisdictional determinations were supported by substantial evidence and deny the Districts' petition for review. We dismiss the Trust's petition as it raises no justiciable case or controversy.

Resource Investments v. U.S.

<> Resource Investments v. U.S. - 5/12/15. In the U.S. Court of Appeals, Federal Circuit, Case No. Resource Investments, Inc. and Land Recovery, Inc. (collectively, "Resource Investments") appeal the Court of Federal Claims' ("Claims Court") dismissal of their Fifth Amendment takings claim pursuant to 28 U.S.C. § 1500. The Appeals Court affirmed the Federal Claims' decision -- "the Claims Court correctly dismissed Resource Investments' complaint as barred by § 1500."

In Re: Deepwater Horizon

<> In Re: Deepwater Horizon - 5/8/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-31296 c/w Nos. 13-31299, 13-31302. Three consolidated cases related to settlement awards BP paid to nonprofits through its Court-Supervised Settlement Program (CSSP).       The district court denied discretionary review of these three awards and the Appeals Court affirmed the district court ruling.

In Re: Deepwater Horizon

<> In Re: Deepwater Horizon - 5/8/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 13-30843. This action involves the Settlement Agreement" approved by the district court on December 21, 2012, between BP Exploration and the certified Economic and Property Damages Class.       The Panel concluded: "In sum, finding that we have jurisdiction over this appeal, we hold that the parties have a right under the Settlement Agreement to appeal claim determinations from the district court to this court. We also hold that the Final Rules violate this right with its lack of docketing provisions providing for a proper appeal to this court, and remand on that basis."

El Comite el Bienestar de Earlimart v. USEPA

<> El Comite el Bienestar de Earlimart v. USEPA - 5/8/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-74184. The panel denied a petition for review brought by several community organizations challenging EPA's 2012 approval of revisions and additions to California's Pesticide Element for its State Implementation Plan under the Clean Air Act, relating to the reduction of volatile organic compounds in the San Joaquin and Ventura air basins; and held that EPA was not arbitrary and capricious in construing the Pesticide Element and approving Fumigant Regulations and the SIP Revision.

Appeals Court Reaffirms Decision that Upheld Program to Reduce Climate Pollution

<> Appeals Court Reaffirms Decision that Upheld Program to Reduce Climate Pollution – 5/4/15. Texas v. EPA. In the U.S. Court of Appeals, D.C. Circuit, Case No. 10-1425, consolidated with many others.