Monday, August 18, 2014

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.

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.