Monday, January 5, 2015

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.