In Re: U.S. DOD & EPA & the Definition Of WOTUS

<> In Re: U.S. DOD & EPA & the Definition Of WOTUS - 4/21/16, Order denying en banc review. In the U.S. Court of Appeals, Sixth Circuit, Consolidated Case Nos. 15-3751 /3799/ 3817/ 3820/ 3822/ 3823/ 3831/ 3837/ 3839/ 3850/ 3853/ 3858/ 3885/ 3887/ 3948/ 4159/ 4162/ 4188/ 4211/ 4234/ 4305/ 4404. WOTUS Case Update - There will be no hearing of the full U.S. Court of Appeals for the Sixth Circuit on the waters of the United States rule (WOTUS) as a result of an order issued Apr 21 by the court in Cincinnati -- instead of the entire 23-judge court reviewing the case, the illegal future of the rule will remain in the hands of a three-judge panel. Clean Water Act rule rehearing denied In Re: U.S. DOD & EPA & the Definition Of WOTUS - 2/22/16, opinion of the U.S. Court of Appeals, Sixth Circuit in the consolidated case

Hughes v. Talen Energy Marketing, LLC

<> Hughes v. Talen Energy Marketing, LLC - 4/19/16. In the U.S. Supreme Court, Docket No. 14-614H. In a unanimous 8-0 decision the Supreme Court said, ". . .the Court of Appeals for the Fourth Circuit held that Maryland's scheme impermissibly intrudes upon the wholesale electricity market, a domain Congress reserved to FERC alone. We affirm the Fourth Circuit's judgment."  Complete background, analysis and all briefs & opinions Opinion analysis: U.S. energy regulators' authority grows - For the second time in recent months, the Supreme Court on Tuesday reinforced the authority of the federal government's energy regulators in the ongoing national-state competition to manage the markets for electricity.

Kansas, et al v. U.S. EPA

<> Kansas, et al v. U.S. EPA - 4/15/16. In the U.S. Court of Appeals, D.C. Circuit, Case No.14-1268, unpublished ruling. Petitioners are two states – Kansas and Nebraska – and two non-profit organizations – Energy Future Coalition and Urban Air Initiative, Inc. – that allege the MOVES2014 model violates the Administrative Procedure Act -- in their view, MOVES2014 constitutes a legislative rule promulgated without notice and comment.      The Appeals Court ruled, "We first address Petitioners' standing and, finding none, have no occasion to reach the merits of the case."

Ohio v. Sierra Club

<> Ohio v. Sierra Club - 3/28/16. In the U.S. Supreme Court, Docket No. 15-684. The Supreme Court refused to hear an appeal of a significant decision of the Sixth Circuit that said, "We find that the [Sierra] Club has standing, and we agree with its claim that 'reasonably available control measures' are a prerequisite to redesignation. Therefore, we vacate EPA's redesignation of the Ohio and Indiana portions of the Cincinnati area." Sierra Club v. EPA - 3/18/15. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 12-3169, 12-3182 & 3420. Ohio v. Sierra Club – more details

Court Leaves Rules in Place that Protect Tongass Rainforest Wildlands from Damaging Logging, Road Construction

<> Court Leaves Rules in Place that Protect Tongass Rainforest Wildlands from Damaging Logging, Road Construction - The U.S. Supreme Court today declined to hear a last-ditch effort by the State of Alaska to exempt America's largest national forest from a national rule protecting undeveloped, road-free national forest areas from logging and road construction -- the State sought to overturn a Ninth Circuit Court of Appeals ruling that kept the Roadless Area Conservation Rule in effect in the vast Tongass National Forest in Southeast Alaska -- a federal District Court in Alaska that the Bush administration improperly exempted the Tongass from that landmark conservation measure. Alaska, Petitioner v. Organized Village of Kake, Alaska, et al – Supreme Court docket Organized Village of Kake v. USDA - 3/26/14. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-35517. U.S. Supreme Court Denies Effort to Overturn Tongass National Forest Protections

Southern Forest Watch, Inc. v. Sally Jewell (Dept. of Interior)

<> Southern Forest Watch, Inc. v. Sally Jewell (Dept. of Interior) - 3/23/16. In the U.S. Court of Appeals, Sixth Circuit, Case No. 15-5413. Southern Forest Watch, Inc. and three individual plaintiffs appeal the grant of summary judgment to the U.S. Department of the Interior, the National Park Service, and four officials, in this action challenging a new fee at Great Smoky Mountains National Park. SFW argues that the Park Service failed to comply with the Federal Lands Recreation Enhancement Act (FLREA), 16 U.S.C. § 6801 et seq., when it imposed the fee. SFW also contends that the district court erred in denying a motion to order discovery outside the administrative record. The Appeals Court affirmed the district court decision in favor of the Interior Dept.

National Parks Conservation v. EPA

<> National Parks Conservation  v.  EPA - 3/14/16. In the U.S. Court of Appeals, Eighth Circuit, Case Nos: 12-2910 & 12-3481. Petitions challenging the EPA's approval of the Minnesota Regional Haze State Implementation Plan denied; the EPA's explanation that the "Transport Rule" is better than source-specific "Best Available Retrofit Technology (BART)" had a rational basis and its reliance on the Transport Rule was not arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; the EPA did not err in approving the reasonable progress goals in Minnesota's Plan as it was acting rationally within its sphere of expertise in approving the goals. There was a separate concurring opinion in the result.