The Chesapeake Bay Foundation v. Weyerhaeuser Company
Filed: July 31, 2014 as 12-1515
Court: U.S. Court of Appeals, Fourth Circuit
Defendant - Appellee: WEYERHAEUSER COMPANY, formerly doing business as Trus Joist MacMillan, Limited, WEYERHAEUSER NR COMPANY, formerly doing business as Trus Joist MacMillan, Limited
Plaintiff - Appellant: THE CHESAPEAKE BAY FOUNDATION, INCORPORATED, SMITHGROUP, INCORPORATED, d/b/a KCF-SHG Incorporated, CLARK CONSTRUCTION GROUP, LLC, f/k/a The Clark Construction Group, Inc.
Third Party Defendant - Appellee: PERMAPOST PRODUCTS CO.
Nature of Suit: Contract Product Liability
NATURAL RESOURCES DEFENSE COUN V. KENNETH SALAZAR
Filed: April 16, 2014 as 09-17661
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: KENNETH LEE SALAZAR, in his official capacity as Secretary of the Interior, SAM D. HAMILTON, in his official capacity as Director of the U.S. Fish and Wildlife Service, MICHAEL J. CONNOR, in his official capacity as Commissioner of the U.S. Bureau of Reclamation, ANDERSON-COTTONWOOD IRRIGATION DISTRICT, PACIFIC REALTY ASSOCIATES, LP, RECLAMATION DISTRICT 1004, BEVERLY F. ANDREOTTI, BANTA-CARBONA IRRIGATION DISTRICT, PATTERSON IRRIGATION DISTRICT, WEST SIDE IRRIGATION DISTRICT, BYRON BETHANY IRRIGATION DISTRICT, CARTER MUTUAL WATER COMPANY, HOWALD FARMS, INC., MAXWELL IRRIGATION DISTRICT, MERIDIAN FARMS WATER COMPANY, OJI BROTHERS FARM, INC., HENRY D. RICHTER, SUTTER MUTUAL WATER CO., TISDALE IRRIGATION AND DRAINAGE COMPANY, WINDSWEPT LAND AND LIVESTOCK COMPANY, CITY OF REDDING, COELHO FAMILY TRUST, EAGLE FIELD WATER DISTRICT, MERCY SPRINGS WATER DISTRICT, ORO LOMA WATER DISTRICT, CONAWAY CONSERVANCY GROUP, DEL PUERTO WATER DISTRICT, WEST STANISLAUS IRRIGATION DISTRICT, FRESNO SLOUGH WATER DISTRICT, JAMES IRRIGATION DISTRICT, TRANQUILITY IRRIGATION DISTRICT, CHRISTO D. BARDIS
and others
Defendant-intervenor - Appellee: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, WESTLANDS WATER DISTRICT, CALIFORNIA FARM BUREAU FEDERATION, STATE WATER CONTRACTORS, CALIFORNIA DEPARTMENT OF WATER RESOURCES, GLENN-COLUSA IRRIGATION DISTRICT, NATOMAS CENTRAL MUTUAL WATER COMPANY, PELGER MUTUAL WATER COMPANY, PLEASANT GROVE-VERONA MUTUAL WATER COMPANY, RECLAMATION DISTRICT 108, RIVER GARDEN FARMS, PRINCETON-CODORA-GLENN IRRIGATION DISTRICT, PROVIDENT IRRIGATION DISTRICT, KERN COUNTY WATER AGENCY
Plaintiff: METROPLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, Plaintiff in Related Case
Plaintiff - Appellant: NATURAL RESOURCES DEFENSE COUNCIL, CALIFORNIA TROUT, BAYKEEPER & IT'S DELTAKEEPER CHAPTER, FRIENDS OF THE RIVER, THE BAY INSTITUTE, all non-profit organizations
Nature of Suit: Environmental Matters
Endangered Species Act. The en banc court reversed the district court’s judgment in favor of federal defendants in an action brought by environmental groups concerning long-term water contracts…
MARSHALL BLOCK V. EBAY, INC.
Filed: April 1, 2014 as 12-16527
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: EBAY, INC.
Plaintiff - Appellant: MARSHALL BLOCK, On Behalf of Himself and All Others Similarly Situated
California Law. The panel affirmed the district court’s Fed. R. Civ. P. 12(b)(6) dismissal of Marshall Block’s diversity putative class action, alleging that ebay.com’s Automatic Bidding…
UNIVERSAL GRADING SERVICE V. EBAY, INC.
Filed: March 17, 2014 as 12-15294
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: AMERICAN NUMISMATIC ASSOCIATION, PROFESSIONAL NUMISMATISTS GUILD, INC.
Defendant - Appellee: EBAY, INC., a foreign corporation
Plaintiff - Appellant: UNIVERSAL GRADING SERVICE, JOHN CALLANDRELLO, JOSEPH KOMITO, VADIM KIRICHENKO, individually and on behalf of all others similarly situated
Nature of Suit: Antitrust
SAN LUIS & DELTA-MENDOTA WATER V. NATURAL RESOURCES DEFENSE COUN
Filed: March 13, 2014 as 11-15871
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: KENNETH LEE SALAZAR, as Secretary of the Department of the Interior, UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE, ROWAN GOULD, as Acting Director of the U.S. Fish and Wildlife Service, REN LOHOEFENOR, as Regional Director of the U.S. Fish and Wildlife Service, Pacific Southwest Region, U.S. Department of the Interior, UNITED STATES BUREAU OF RECLAMATION, J. WILLIAM MCDONALD, as Acting Commissioner of the U.S. Bureau of Reclamation, U.S. Department of the Interior, DONALD GLASER, as Director of the U.S. Bureau of Reclamation, Mid-Pacific Region, U.S. Department of the Interior, LESTER A. SNOW, MICHAEL L. CONNOR, Commissioner, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LISA JACKSON, in her official capacity as Administrator of the Environmental Protection Agency, UNITED STATES DEPARTMENT OF TRANSPORTATION, RAY LAHOOD, in his official capacity as Secretary of Transportation, MARITIME ADMINISTRATION, JAMES E. CAPONITI, in his official capacity as Acting Deputy Maritime Administrator, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, JANET NAPOLITANO, in her official capacity as Secretary of Homeland Security, FEDERAL EMERGENCY MANAGEMENT AGENCY, WILLIAM CRAIG FUGATE, in his official capacity as Administrator of the Federal Emergency Management Agency, UNITED STATES ARMY CORPS OF ENGINEERS, ROBERT VAN ANTWERP, Lieutenant General
Intervenor-Defendant - Appellant: NATURAL RESOURCES DEFENSE COUNCIL, THE BAY INSTITUTE
Intervenor-Plaintiff - Appellee: CALIFORNIA DEPARTMENT OF WATER RESOURCES
Plaintiff - Appellee: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, WESTLANDS WATER DISTRICT, STEWART & JASPER ORCHARDS, ARROYO FARMS, LLC, KING PISTACHIO GROVE, STATE WATER CONTRACTORS, METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, COALITION FOR A SUSTAINABLE DELTA, KERN COUNTY WATER AGENCY, FAMILY FARM ALLIANCE
Nature of Suit: Environmental Matters
Environmental Law. The panel reversed in part and affirmed in part the district court’s judgment invalidating a 2008 biological opinion by the U.S. Fish and Wildlife Service that concluded that the…
In re: Polar Bear Endangered Species Act Listing
Filed: June 18, 2013 as 11-5353
Court: U.S. Court of Appeals, D.C. Circuit
Defendant - Appellee: Arctic Slope Regional Corporation, Dirk Kempthorne, H. Dale Hall, James W. Balsiger, Acting Assistant Administrator of Fisheries for Regulatory Programs, Jane Lubchenco, Administrator of the National Oceanic and Atmospheric Administration, John Edgar Bryson, Secretary of the United States Department of Commerce, Kenneth Lee Salazar, Honorable, Secretary, U.S. Department of the Interior, Lyle Laverty, Assistant Secretary of the United States Department of the Interior for Fish and Wildlife Parks, National Marine Fisheries Service, National Petrochemical and Refiners Association, Rowan W. Gould, United States Department of the Interior, United States Fish and Wildlife Service
In Re: In re: Polar Bear Endangered Species Act Listing and 4(d) Rule Litigation - MDL 1993
Intervenor For Defendant - Appellee: Alaska Oil And Gas Association, Defenders of Wildlife, Edison Electric Institute, International Fund for Animal Welfare, The Humane Society of the United States
Plaintiff - Appellant: Don Hershey, Ron Kreider, Safari Club International, Safari Club International Foundation
Plaintiff - Appellee: Aaron Neilson, African Safari Club of Florida, Inc., Allyn Ladd, Ameri-cana Expeditions, Inc., American Iron and Steel Institute, American Petroleum Institute, Arviat Hunters And Trappers Organization, Ben Hamel, Bradley Pritz, California Cattlemen's Association, California Forestry Association, Canada North Outfitting, Inc., Center for Biological Diversity, a non-profit corporation, Chamber of Commerce of the United States of America, Chris Hanks, Congress of Racial Equality, Conservation Force, Dallas Safari Club, Darwin J. Vander Esch, Defenders of Wildlife, Dennis Dunn, Ethel Leedy, Everett Madson, Greenpeace, Inc., a non-profit corporation, Henik Lake Adventures, Ltd., Houston Safari Club, Inuvialuit Game Council, Jeff Sevor, Joseph Verni, doing business as Natura Sport, Keith Atcheson, Keith Halstead, Kevin Reid
and others
Nature of Suit: Environmental Matters
Appellants, hunters and hunting organizations, challenged the Service's bar against the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., and the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq. In regard to statutory challenges, the court concluded that Congress intended to extend the protections of sections 101(a)(3)(B) and 102(b)(3) of the MMPA to all depleted species, regardless of their depleted status; although section…
EBAY INC. v. KELORA SYSTEMS, LLC
Filed: March 19, 2013 as 12-1474
Court: U.S. Court of Appeals, Federal Circuit
Nature of Suit: Patent
NATURAL RESOURCES DEFENSE COUN V. KENNETH SALAZAR
Filed: March 5, 2013 as 09-17661
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: KENNETH LEE SALAZAR, in his official capacity as Secretary of the Interior, SAM D. HAMILTON, in his official capacity as Director of the U.S. Fish and Wildlife Service, MICHAEL J. CONNOR, in his official capacity as Commissioner of the U.S. Bureau of Reclamation, ANDERSON-COTTONWOOD IRRIGATION DISTRICT, PACIFIC REALTY ASSOCIATES, LP, RECLAMATION DISTRICT 1004, BEVERLY F. ANDREOTTI, BANTA-CARBONA IRRIGATION DISTRICT, PATTERSON IRRIGATION DISTRICT, WEST SIDE IRRIGATION DISTRICT, BYRON BETHANY IRRIGATION DISTRICT, CARTER MUTUAL WATER COMPANY, HOWALD FARMS, INC., MAXWELL IRRIGATION DISTRICT, MERIDIAN FARMS WATER COMPANY, OJI BROTHERS FARM, INC., HENRY D. RICHTER, SUTTER MUTUAL WATER CO., TISDALE IRRIGATION AND DRAINAGE COMPANY, WINDSWEPT LAND AND LIVESTOCK COMPANY, CITY OF REDDING, COELHO FAMILY TRUST, EAGLE FIELD WATER DISTRICT, MERCY SPRINGS WATER DISTRICT, ORO LOMA WATER DISTRICT, CONAWAY CONSERVANCY GROUP, DEL PUERTO WATER DISTRICT, WEST STANISLAUS IRRIGATION DISTRICT, FRESNO SLOUGH WATER DISTRICT, JAMES IRRIGATION DISTRICT, TRANQUILITY IRRIGATION DISTRICT, CHRISTO D. BARDIS
and others
Defendant-intervenor - Appellee: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, WESTLANDS WATER DISTRICT, CALIFORNIA FARM BUREAU FEDERATION, STATE WATER CONTRACTORS, CALIFORNIA DEPARTMENT OF WATER RESOURCES, GLENN-COLUSA IRRIGATION DISTRICT, NATOMAS CENTRAL MUTUAL WATER COMPANY, PELGER MUTUAL WATER COMPANY, PLEASANT GROVE-VERONA MUTUAL WATER COMPANY, RECLAMATION DISTRICT 108, RIVER GARDEN FARMS, PRINCETON-CODORA-GLENN IRRIGATION DISTRICT, PROVIDENT IRRIGATION DISTRICT, KERN COUNTY WATER AGENCY
Plaintiff: METROPLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, Plaintiff in Related Case
Plaintiff - Appellant: NATURAL RESOURCES DEFENSE COUNCIL, CALIFORNIA TROUT, BAYKEEPER & IT'S DELTAKEEPER CHAPTER, FRIENDS OF THE RIVER, THE BAY INSTITUTE, all non-profit organizations
Nature of Suit: Environmental Matters
In re: Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation
Filed: March 1, 2013 as 11-5219
Court: U.S. Court of Appeals, D.C. Circuit
Defendant - Appellee: Arctic Slope Regional Corporation, Dirk Kempthorne, Gary F. Locke, Secretary of the United States Department of Commerce, H. Dale Hall, James W. Balsiger, Acting Assistant Administrator of Fisheries for Regulatory Programs, Jane Lubchenco, Administrator of the National Oceanic and Atmospheric Administration, Kenneth Lee Salazar, Honorable, Secretary, U.S. Department of the Interior, Lyle Laverty, Assistant Secretary of the United States Department of the Interior for Fish and Wildlife Parks, National Marine Fisheries Service, National Petrochemical and Refiners Association, Rowan W. Gould, United States Department of the Interior, United States Fish and Wildlife Service
In Re: In re: In Re: Polar Bear Endangered Species Act Listing and 4(d) Rule Litigation - Mdl 1993
Intervenor For Defendant - Appellee: Alaska Oil And Gas Association, Defenders of Wildlife, Edison Electric Institute, Humane Society Of The United States, International Fund for Animal Welfare
Intervenor For Plaintiff - Appellee: California Cattlemen's Association, Congress of Racial Equality
Plaintiff - Appellant: Safari Club International, Safari Club International Foundation
Plaintiff - Appellee: Aaron Neilson, African Safari Club of Florida, Inc., Allyn Ladd, Ameri-cana Expeditions, Inc., American Iron and Steel Institute, American Petroleum Institute, Arviat Hunters And Trappers Organization, Ben Hamel, Bradley Pritz, California Cattlemen's Association, California Forestry Association, Canada North Outfitting, Inc., Center for Biological Diversity, a non-profit corporation, Chamber of Commerce of the United States of America, Chris Hanks, Congress of Racial Equality, Conservation Force, Dallas Safari Club, Darwin J. Vander Esch, Defenders of Wildlife, Dennis Dunn, Don Hershey, Ethel Leedy, Everett Madson, Greenpeace, Inc., a non-profit corporation, Henik Lake Adventures, Ltd., Houston Safari Club, Inuvialuit Game Council, Jeff Sevor, Joseph Verni, doing business as Natura Sport, Keith Atcheson, Keith Halstead
and others
After a three-year rulemaking process, the FWS found that, due to the effects of global climate change, the polar bear was likely to become an endangered species and faced the threat of extinction within the foreseeable future (Listing Rule). The agency thus concluded that the polar bear should be listed as a threatened species. A number of industry groups, environmental organizations, and states challenged the Listing Rule as either overly restrictive or insufficiently protective of the…
State of New Jersey v. EPA
Filed: December 19, 2012 as 05-1097
Court: U.S. Court of Appeals, D.C. Circuit
Amicus Curiae For Respondent: The State of West Virginia, Department of Environmental Protection, Washington Legal Foundation
Intervenor: National Mining Association, State of Rhode Island, West Associates
Intervenor For Petitioner: Adirondack Mountain Club, American Academy of Pediatrics, American Nurses Association, Bay Mills Indian Community, City of Baltimore, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S'Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Michigan Department of Environmental Quality, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, Physicians for Social Responsibility, State of Maryland, Swinomish Indian Tribe Community, The American Public Health Association
Intervenor For Respondent: Duke Energy Indiana, Incorporated, Duke Energy Kentucky, Incorporated, Duke Energy Ohio, Incorporated, Edison Electric Institute, Florida Power & Light Company, NRG Energy, Inc., PPL Corp., Producers for Electric Reliability, PSEG Fossil LLC, State of Alabama, State of Indiana, State of Nebraska, State of North Dakota, State of South Dakota, State of Wyoming, Utility Air Regulatory Group
Petitioner: Commonwealth of Massachusetts, State of California, State of Connecticut, State of Maine, State of New Hampshire, State of New Jersey, State of New Mexico, State of New York, State of Vermont
Respondent: Environmental Protection Agency
Terminated Party: Aroostook Band of Micmac Indians, Houlton Band of Maliseet Indians, Penobscot Indian Nation, State of Kansas, The Passamaquoddy Tribe, at Indian Township, The Passamaquoddy Tribe, at Pleasant Point (Sipayik)
DOMENIC TRICOME V. EBAY, INC.
Filed: October 16, 2012 as 11-15546
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: ATTORNEY EBAY, INC., EBAY, INC.
Plaintiff - Appellant: DOMENIC TRICOME
State of MI v. Bay Mills Indian Cmty
Filed: August 15, 2012 as 11-1413
Court: U.S. Court of Appeals, Sixth Circuit
Defendant - Appellant: BAY MILLS INDIAN COMMUNITY
Plaintiff - Appellee: LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, STATE OF MICHIGAN
Nature of Suit: Other Statutory Actions
The Indian Gaming Regulatory Act allows “Class III gaming activities” (casino gaming) on Indian lands (25 U.S.C. 2710(d)) if the tribe adopts a gaming ordinance approved by the National Indian Gaming Commission and negotiates a “Tribal-State compact.” Bay Mills is a recognized tribe with a reservation in Michigan’s Upper Peninsula. In 1993, the tribe entered a compact with Michigan. The Gaming Commission approved its gaming ordinance. Bay Mills began operating a casino on its…
New Jersey v. EPA
Filed: July 20, 2012 as 05-1097
Court: U.S. Court of Appeals, D.C. Circuit
Amicus Curiae For Respondent: The State of West Virginia, Department of Environmental Protection, Washington Legal Foundation
Intervenor: National Mining Association, State of Rhode Island, West Associates
Intervenor For Petitioner: Adirondack Mountain Club, American Academy of Pediatrics, American Nurses Association, Bay Mills Indian Community, City of Baltimore, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S'Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Michigan Department of Environmental Quality, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, Physicians for Social Responsibility, State of Maryland, Swinomish Indian Tribe Community, The American Public Health Association
Intervenor For Respondent: Duke Energy Indiana, Incorporated, Duke Energy Kentucky, Incorporated, Duke Energy Ohio, Incorporated, Edison Electric Institute, Florida Power & Light Company, NRG Energy, Inc., PPL Corp., Producers for Electric Reliability, PSEG Fossil LLC, State of Alabama, State of Indiana, State of Nebraska, State of North Dakota, State of South Dakota, State of Wyoming, Utility Air Regulatory Group
Petitioner: Commonwealth of Massachusetts, State of California, State of Connecticut, State of Maine, State of New Hampshire, State of New Jersey, State of New Mexico, State of New York, State of Vermont
Respondent: Environmental Protection Agency
Terminated Party: Aroostook Band of Micmac Indians, Houlton Band of Maliseet Indians, Penobscot Indian Nation, State of Kansas, The Passamaquoddy Tribe, at Indian Township, The Passamaquoddy Tribe, at Pleasant Point (Sipayik)
In an earlier decision in this case, the D.C. Circuit Court of Appeals held that Movants, a group of Native American tribes and tribal associations who intervened on behalf of petitioners in the underlying Clean Air Act litigation, were entitled to fees and costs under section 307(f) of the Act. When the parties were unable to agree on the amount of fees, Movants filed an updated motion seeking $369,027, including compensation for 1,181 hours of work and for costs. The EPA held that the…
Natural Res. Defense Council v. Salazar
Filed: July 17, 2012 as 09-17661
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: KENNETH LEE SALAZAR, in his official capacity as Secretary of the Interior, SAM D. HAMILTON, in his official capacity as Director of the U.S. Fish and Wildlife Service, MICHAEL J. CONNOR, in his official capacity as Commissioner of the U.S. Bureau of Reclamation, ANDERSON-COTTONWOOD IRRIGATION DISTRICT, PACIFIC REALTY ASSOCIATES, LP, RECLAMATION DISTRICT 1004, BEVERLY F. ANDREOTTI, BANTA-CARBONA IRRIGATION DISTRICT, PATTERSON IRRIGATION DISTRICT, WEST SIDE IRRIGATION DISTRICT, BYRON BETHANY IRRIGATION DISTRICT, CARTER MUTUAL WATER COMPANY, HOWALD FARMS, INC., MAXWELL IRRIGATION DISTRICT, MERIDIAN FARMS WATER COMPANY, OJI BROTHERS FARM, INC., HENRY D. RICHTER, SUTTER MUTUAL WATER CO., TISDALE IRRIGATION AND DRAINAGE COMPANY, WINDSWEPT LAND AND LIVESTOCK COMPANY, CITY OF REDDING, COELHO FAMILY TRUST, EAGLE FIELD WATER DISTRICT, MERCY SPRINGS WATER DISTRICT, ORO LOMA WATER DISTRICT, CONAWAY CONSERVANCY GROUP, DEL PUERTO WATER DISTRICT, WEST STANISLAUS IRRIGATION DISTRICT, FRESNO SLOUGH WATER DISTRICT, JAMES IRRIGATION DISTRICT, TRANQUILITY IRRIGATION DISTRICT, CHRISTO D. BARDIS
and others
Defendant-intervenor - Appellee: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, WESTLANDS WATER DISTRICT, CALIFORNIA FARM BUREAU FEDERATION, STATE WATER CONTRACTORS, CALIFORNIA DEPARTMENT OF WATER RESOURCES, GLENN-COLUSA IRRIGATION DISTRICT, NATOMAS CENTRAL MUTUAL WATER COMPANY, PELGER MUTUAL WATER COMPANY, PLEASANT GROVE-VERONA MUTUAL WATER COMPANY, RECLAMATION DISTRICT 108, RIVER GARDEN FARMS, PRINCETON-CODORA-GLENN IRRIGATION DISTRICT, PROVIDENT IRRIGATION DISTRICT, KERN COUNTY WATER AGENCY
Plaintiff: METROPLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, Plaintiff in Related Case
Plaintiff - Appellant: NATURAL RESOURCES DEFENSE COUNCIL, CALIFORNIA TROUT, BAYKEEPER & IT'S DELTAKEEPER CHAPTER, FRIENDS OF THE RIVER, THE BAY INSTITUTE, all non-profit organizations
Nature of Suit: Environmental Matters
In this appeal, the Ninth Circuit Court of Appeals addressed whether the renewal of forty-one water supply contracts by the United States Bureau of Reclamation violated section 7(a)(2) of the Endangered Species Act (ESA) and illegally threatened the existence of the delta smelt. The contracts at issue fell into two groups: (1) users who obtained water from the Delta-Mendota Canal (DMC contracts), and (2) parties who claimed to hold water rights senior to those held by the U.S. Bureau of…
EFS, Inc. v. Regions Bank
Filed: June 8, 2012 as 10-5491
Court: U.S. Court of Appeals, Sixth Circuit
: GONZALES COUNTY HOSPITAL DISTRICT
Appellant: ABCOW SERVICES, INC., as sponsor of the Abcow Staffing 401(k) Retirement Plan, AS YOU SOW, as Sponser of the As You Sow 401(k) Retirement Savings Plan, BONNIE WALSH, as trustee of the Independent Press Association 401(k) Plan, COLBERT & WINSTEAD, PC 401(K) PLAN, CRAWFORD GALLIMORE, as trustee of the The Hamilton-Ryker Group 401(k) Plan, EFS INC. 401 (K) PLAN, EFS, INC., FRANK MASTRAPASQUA, as trustee of the Mastrapasqua Asset Management, Inc. 401 (k) Plan, GRANT DAVIS, as trustee of The Bay Institute of San Francisco Retirement Plan, GRASSWORX SE, LLC, GRASSWORX SE, LLC 401 (K) PLAN, HERBERT E. POUNDS, JR., PC, as Sponsor of the Herbert E. Pounds, Jr., PC 401(k) Plan, HERBERT E. POUNDS, JR., PC, as trustee of the Herbert E. Pounds, Jr., PC 401(k) Plan, HERITAGE EQUITY GROUP 401(K) SAVINGS PLAN, INDEPENDENT PRESS ASSOCIATION, INDEPENT PRESS ASSOCIATION 401(K) PLAN, J. MICHAELS CLOTHIERS, INC. RETIREMENT PLAN, J. MICHAELS CLOTHIERS, INC., as sponsor of the J. Michaels Clothiers, Inc. Retirement Plan, JULIA PRICE, as trustee of The Bay Institute of San Francisco Retirement Plan, KURTIS J. WINSTEAD, as trustee of the Colbert & Winstead 401(k) Plan, LESTER L. TURNER, JR., as trustee of the Tuned In Broadcasting, Inc. 401(k) Plan, MASTRAPASQUA ASSET MANAGEMENT, INC., MASTRAPASQUA ASSET MANAGEMENT, INC. 401 (K) PLAN, MAURO MASTRAPASQUA, as trustee of the Mastrapasqua Asset Management, Inc. 401(k) Plan, MAX DULL, as trustee of the Heritage Equity Group 401(k) Savings Plan, MICHAEL EGAN, as trustee of the EFS, Inc. 401(k) Plan, MICHAEL EGAN, as trustee of the Grassworx SE, LLC 401(k) Plan, RICHARD L. COLBERT, as trustee of the Colbert & Winstead 401(k) Plan, RICHARD LANDRY, as trustee of the Independent Press Association 401(k) Plan, ROBERT ERICKSON, as trustee of The Bay Institute of San Francisco Retirement Plan, SLOAN MORGAN, as trustee of the As You Sow 401(k) Plan, THE BAY INSTITUTE OF SAN FRANCISCO RETIREMENT PLAN
and others
Appellee: REGIONS BANK, as Successor in Interest by Merger to AmSouth Bank
Debtor: In re: 1 POINT SOLUTIONS, LLC
State of New Jersey, et al. v. EPA
Filed: December 20, 2011 as 05-1097
Court: U.S. Court of Appeals, D.C. Circuit
Amicus Curiae For Respondent: The State of West Virginia, Department of Environmental Protection, Washington Legal Foundation
Intervenor: National Mining Association, State of Rhode Island, West Associates
Intervenor For Petitioner: Adirondack Mountain Club, American Academy of Pediatrics, American Nurses Association, Bay Mills Indian Community, City of Baltimore, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S'Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Michigan Department of Environmental Quality, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, Physicians for Social Responsibility, State of Maryland, Swinomish Indian Tribe Community, The American Public Health Association
Intervenor For Respondent: Duke Energy Indiana, Incorporated, Duke Energy Kentucky, Incorporated, Duke Energy Ohio, Incorporated, Edison Electric Institute, Florida Power & Light Company, NRG Energy, Inc., PPL Corp., Producers for Electric Reliability, PSEG Fossil LLC, State of Alabama, State of Indiana, State of Nebraska, State of North Dakota, State of South Dakota, State of Wyoming, Utility Air Regulatory Group
Petitioner: Commonwealth of Massachusetts, State of California, State of Connecticut, State of Maine, State of New Hampshire, State of New Jersey, State of New Mexico, State of New York, State of Vermont
Respondent: Environmental Protection Agency
Terminated Party: Aroostook Band of Micmac Indians, Houlton Band of Maliseet Indians, Penobscot Indian Nation, State of Kansas, The Passamaquoddy Tribe, at Indian Township, The Passamaquoddy Tribe, at Pleasant Point (Sipayik)
This case involved a motion for fees and costs under section 307(f) of the Clean Air Act, 42 U.S.C. 7607(f), which authorized courts to award costs of litigation whenever they determined that such award was appropriate. In the underlying litigation, movants intervened on behalf of petitioners who were challenging EPA rules regulating mercury emissions from power plants. The court vacated the mercury rules and agreed with petitioners that the rules violated the Act. Movants subsequently…
US v. Roger Baylor
Filed: October 13, 2011 as 11-6513
Court: U.S. Court of Appeals, Fourth Circuit
Defendant - Appellant: ROGER JEROME BAYLOR, a/k/a Rabbit
Plaintiff - Appellee: UNITED STATES OF AMERICA
OakTree Capital Management LP, et al v. NLRB
Filed: September 26, 2011 as 10-60749
Court: U.S. Court of Appeals, Fifth Circuit
Petitioner: BENCHMARK HOSPITALITY INC, OAKTREE CAPITAL MANAGEMENT LP, TBR PROPERTY LLC, doing business as Turtle Bay Resorts
Respondent: NATIONAL LABOR RELATIONS BOARD
USA v. Rhonda Bay
Filed: July 5, 2011 as 10-15390
Court: U.S. Court of Appeals, Eleventh Circuit
Defendant - Appellant: RHONDA JENNETTE BAYS
Plaintiff - Appellee: USA
US, et al v. Coalition For Buzzards Bay, et al
Filed: May 17, 2011 as 10-1664
Court: U.S. Court of Appeals, First Circuit
Defendant: COMMONWEALTH OF MASSACHUSETTS, MA DEPT OF ENVIRONMENTAL PROTECTION, MITT ROMNEY, ROBERT W. GOLLEDGE, JR.
Defendant - Appellant: COALITION FOR BUZZARDS BAY
Interested Party: AMICI CURIAE, SAVE THE BAY
Plaintiff - Appellee: AMERICAN WATERWAYS OPERATORS INTERNATIONAL ASSOCIATION, BIMCO, CHAMBER OF SHIPPING AMERICA, UNITED STATES
Nature of Suit: Constitutionality of State Statutes
