Library Search

Appeal from the United States District Court for the District of Hawaii Susan O. Mollway, Senior District Judge, Presiding
Argued and Submitted October 12, 2017 University of Hawaii Manoa Filed February 1, 2018 Amended March 30, 2018

Pursuant to Section 202(c) of the Federal Power Act (“FPA”),1 Section 301(b) of the Department of Energy (“DOE”) Organization Act,2 and certain of the DOE’s Rules of Practice and Procedure,3 FirstEnergy Solutions Corp. (“FirstEnergy Solutions”), on behalf of its named subsidiaries (“Applicants”),4 respectfully requests that the Secretary of Energy (“Secretary”) find that an emergency condition exists in the footprint of the PJM Interconnection, L.L.C. (“PJM”) that requires immediate intervention by the Secretary, in the form of a Section 202(c) emergency order directing: (a) certain existing nuclear and coal-fired generators in PJM,5 as detailed herein, to enter into contracts and all necessary arrangements with PJM, on a plant-by-plant basis, to generate, deliver, interchange, and transmit electric energy, capacity, and ancillary services as needed to maintain the stability of the electric grid and (b) PJM to promptly compensate at-risk merchant nuclear and coal-fired power plants for the full benefits they provide to energy markets and the public at large, including fuel security and diversity, as detailed herein.

Pursuant to Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Rule 15 of the Federal Rules of Appellate Procedure, and D.C. Circuit Rule 15, Air Alliance Houston, California Communities Against Toxics, Environmental Defense Fund, Environmental Integrity Project, Hoosier Environmental Council, Louisiana Bucket Brigade, Natural Resources Defense Council, Ohio Citizen Action, and Sierra Club (collectively, “Petitioners”) hereby petition this Court for review of the 2 final action taken by Respondents U.S. Environmental Protection Agency and Administrator Scott Pruitt in the attached memorandum from William L. Wehrum, dated January 25, 2018 (Attachment 1), and in the Federal Register notice published at 83 Fed. Reg. 5,543 (February 8, 2018) and titled “Issuance of Guidance Memorandum, ‘Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act’” 

Earthjustice's response to Calpine Corporations's Motion to Suspend Mission Rock gas plant.

The National Marine Fisheries Service is unlawfully withholding information requested under the Freedom of Information Act that are related to a Final Rule implementing Amendment 5b to the Highly Migratory Species (“HMS”) Fishery Management Plan. 82 Fed. Reg. 16,478 (April 4, 2017).

The U.S. District Court for the Northern District of California rules the Environmental Protection Agency illegally delayed implementation of key pesticide rules that in part prevent minors from working with the most dangerous pesticides.

Hecla and /or its subsidiaries have been found in violation of Section 82-4-360(1), MCA in Operating Permit No. 00150

Under Section 82-4-361(1), MCA, the Department of Environmental Quality (DEQ) is required to send a violation letter when it has reason to believe that a person is in violation of the Metal Mine Reclamation Act, a rule adopted under the Metal Mine Reclamation Act, or a term or condition of a permit issued under the Metal Mine Reclamation Act.

Before the Court are the following motions: Defendants Donald J. Trump, Ryan Zinke, and Wilbur Ross’s Motion to Dismiss at Docket 12; Intervenor-Defendant American Petroleum Institute’s Motion to Dismiss at Docket 25; and Intervenor-Defendant State of Alaska’s Motion to Dismiss at Docket 34. The motions have been fully briefed. Oral argument on the motions was held on November 8, 2017. For the following reasons, the motions will be denied.

In The United States Court Of Appeals For The Fifth Circuit

Pursuant to stipulation and for good cause shown, the Court hereby orders:

1. The STAY of the Order dated February 16, 2018, Dkt 72, shall be lifted as of June 1, 2018

The U.S. District Court for the Northern District of California orders EPA to move forward with enforcing smog standard.

We write to express our alarm with the Environmental Protection Agency’s (EPA) announcement that it seeks to open up for reconsideration two federal safeguards vital to the protection of the children, women and men that labor in agriculture and apply chemicals in agricultural, commercial and residential settings.  With the lives of children and families across the country at stake, we urge you to preserve the protections provided by the final Agricultural Worker Protection Standard rule (WPS) and Certification of Pesticide Applicators rule (CPA) (as published in the Federal Register on November 2, 2015 and January 4, 2017, respectively), and to resolve any clarifications needed by the regulated community via additional guidance on the rules.  

We, the undersigned organizations, write to ask you to oppose President Trump’s request to fund the construction of a wasteful border wall and the expansion of an indiscriminate deportation force that targets immigrant youth and long-term residents. The White House request inflates last year’s bloated immigration and border enforcement budget to a grand total of $21.5 billion which is more than the United States spends on all other law enforcement agencies combined. We urge you to significantly reduce funding for immigration enforcement and detention in the FY2018 Department of Homeland Security (DHS) and Department of Justice (DOJ) appropriations bills.

Former Regulatory Officials, represented by Public Citizen, filed an amicus (or “Friend of the Court”) brief in support of our case against the Chemical Disaster Rule delay, providing their perspective on why the EPA’s Chemical Disaster Rule needs to be in full force to protect fenceline community members, workers, and first-responders from chemical accidents.

NYU Institute for Policy Integrity filed an amicus (or “Friend of the Court”) brief in support of our case against the Chemical Disaster Rule delay, providing its perspective on why the EPA’s Chemical Disaster Rule needs to be in full force to protect fenceline community members, workers, and first-responders from chemical accidents.

On the merits, the panel held that the Service acted lawfully in terminating the translocation program in 2012 because it was based on a reasonable interpretation of the statute.

Conservation and health-safety groups have filed suit in federal court challenging the Trump administration’s approval of an enormous groundwater-mining and pipeline project in Southern California. The Cadiz water project, approved without environmental review, includes the construction of a pipeline through the Mojave Trails National Monument and other public lands in the area.