Justia Environmental Law Opinion Summaries

The case concerns two decisions made by the Environmental Protection Agency (EPA) regarding air quality standards in the Detroit area under the Clean Air Act (CAA). Michigan sought to redesignate the Detroit area from nonattainment to attainment for the 2015 ozone National Ambient Air Quality Standards (NAAQS), relying on air quality data from 2019–2021. However, in June 2022, the area recorded exceedances attributed to wildfire smoke from Canada. Michigan requested the EPA to exclude these exceptional-event data points. Meanwhile, Detroit missed its attainment deadline and was reclassified from Marginal to Moderate nonattainment, triggering additional requirements for Reasonably Available Control Technology (RACT) implementation.After Detroit missed its attainment deadline, the EPA finalized its determination of nonattainment and reclassified the area as Moderate nonattainment, setting deadlines for Michigan to submit RACT revisions. Michigan submitted its redesignation request before these RACT requirements became effective. The EPA later approved Michigan’s exceptional-events request and redesignated Detroit to attainment, despite Michigan not having implemented the newly required RACT measures for Moderate nonattainment areas. Sierra Club challenged both the EPA’s approval of the exceptional-event exclusion and the subsequent redesignation.The United States Court of Appeals for the Sixth Circuit reviewed both EPA actions. The court held that the EPA’s approval of Michigan’s exceptional-event request was not arbitrary or capricious, finding that the agency had adequately explained its reasoning and considered the relevant data linking wildfire smoke to the ozone exceedances. However, the court vacated the EPA’s redesignation of Detroit to attainment, holding that the CAA requires a state to satisfy all requirements applicable at the time of redesignation, not merely those in effect when the redesignation request was submitted. Because Michigan had not met the RACT requirements by the time of redesignation, the EPA’s action was contrary to law. Thus, the approval of the exceptional-event request was affirmed, and the redesignation was vacated. View "Sierra Club v. Environmental Protection Agency" on Justia Law

A freight train operated by Norfolk Southern derailed in East Palestine, Ohio, in early 2023, releasing hazardous materials and causing widespread evacuations and concern over health, environmental, and economic impacts. Numerous lawsuits were filed by affected individuals and businesses, which were consolidated into a master class action. The parties reached a $600 million settlement, which included provisions for a settlement fund and attorney’s fees. The district court approved the settlement and the attorney’s fees request, designating co-lead counsel to allocate fees among the plaintiffs’ attorneys, including Morgan & Morgan, a firm representing some individual claimants.After the district court in the United States District Court for the Northern District of Ohio approved the settlement and fee awards, Morgan & Morgan, despite having received nearly $8 million in fees, objected to the process and timing of fee allocation, specifically challenging the settlement’s “quick pay” provision and the authority given to co-lead class counsel to distribute fees. Morgan & Morgan also raised concerns about transparency and the adequacy of its own fee award, arguing that the allocation process might have undervalued its contributions.On appeal, the United States Court of Appeals for the Sixth Circuit held that Morgan & Morgan lacked standing to challenge the quick pay provision, as it did not suffer a concrete, particularized injury from the timing of payment and had assented to the settlement terms. The court also affirmed the district court’s decision to delegate initial fee allocation authority to co-lead class counsel, finding no abuse of discretion and noting the court retained jurisdiction for oversight. However, the Sixth Circuit found the district court had failed to address Morgan & Morgan’s specific concerns about its fee allocation and remanded that narrow issue for further consideration. The judgment was thus affirmed in part, reversed in part, and remanded. View "In re E. Palestine Train Derailment" on Justia Law

A train operated by Norfolk Southern carrying hazardous materials derailed near East Palestine, Ohio, in February 2023. The cleanup released toxic chemicals into the surrounding area, prompting affected residents and businesses to file suit against the railroad and other parties in federal court. These cases were consolidated into a master class action, and after extensive discovery and mediation, Norfolk Southern agreed to a $600 million settlement for the class. The district court for the Northern District of Ohio approved the settlement in September 2024. Five class members objected and appealed, but the district court required them to post an $850,000 appeal bond by January 30, 2025, to cover administrative and taxable costs. The objectors did not pay the bond or offer a lesser amount.After the bond order, the objectors filed a motion in the United States Court of Appeals for the Sixth Circuit to eliminate or reduce the bond, but did not seek a stay. The Sixth Circuit motions panel explained that, absent a separate notice of appeal, it could only address the bond on a motion to stay, which the objectors expressly disclaimed. The objectors then moved in the district court to extend the time to appeal the bond order, but did so one day after the deadline set by Federal Rule of Appellate Procedure 4(a)(5)(A). The district court denied the motion as untimely, finding it lacked jurisdiction to grant an extension.The United States Court of Appeals for the Sixth Circuit held that the deadlines for appealing and requesting extensions are jurisdictional and cannot be equitably extended. The court dismissed the objectors’ appeal of the motion to extend for lack of jurisdiction and granted the plaintiffs’ motion to dismiss the objectors’ appeals of the settlement for failure to pay the required bond. View "In re E. Palestine Train Derailment" on Justia Law

In the 1950s, Goodrich Corporation built a vinyl-manufacturing complex in Calvert City, Kentucky, and used unlined ponds for hazardous waste disposal. In 1988, the EPA declared the site a Superfund site. Goodrich sold the complex to Westlake Vinyls, Inc. in the 1990s, agreeing to cover future cleanup costs. In 2000, PolyOne Corporation (now Avient Corporation) assumed Goodrich’s responsibilities. Disputes arose over cleanup costs, leading to a 2007 settlement agreement that included arbitration provisions for future cost allocations.The United States District Court for the Western District of Kentucky previously reviewed the case. Avient had twice sought arbitration under the agreement, first in 2010 and again in 2017. In 2018, Avient challenged the arbitration provisions' validity, but the district court held that Avient had waived this argument by initiating arbitration. The court enforced the arbitration award, and Avient did not challenge this decision. In 2022, Westlake demanded arbitration, and Avient again claimed the arbitration provisions were invalid. The district court granted summary judgment to Westlake, holding that Avient’s challenge was waived and barred by res judicata and judicial estoppel.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the district court’s judgment but on different grounds. The court held that the settlement agreement’s provision for de novo judicial review of arbitration awards was invalid under the Federal Arbitration Act, as established in Hall Street Associates, L.L.C. v. Mattel, Inc. However, the court found that this invalid provision could be severed from the agreement without affecting the economic and legal substance of the transactions contemplated by the parties. Therefore, the arbitration provisions remained valid and enforceable. The court affirmed the district court’s judgment. View "Avient Corp. v. Westlake Vinyls, Inc." on Justia Law

In late July 2022, an unprecedented flood destroyed numerous homes and properties in Eastern Kentucky. Plaintiffs, who suffered losses, filed a lawsuit against Pine Branch Mining, LLC, alleging that the company violated Kentucky mining regulations in maintaining a surface mine property near their lands, resulting in negligence per se. They claimed that Pine Branch's infractions substantially contributed to the flooding.The United States District Court for the Eastern District of Kentucky excluded the opinion of Plaintiffs' sole causation expert, Scott Simonton, under Federal Rule of Evidence 702 and Federal Rule of Civil Procedure 26(a)(2)(B). The court found that Simonton's report was not based on sufficient facts or data specific to the mining sites in question, lacked reliable principles and methods, and failed to consider alternative causes of the damage. Consequently, the district court granted summary judgment to Pine Branch, concluding that Plaintiffs could not establish a prima facie case of negligence per se without competent expert proof.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court's decision. The appellate court agreed that the district court did not abuse its discretion in excluding Simonton's testimony, as it was deficient in reliability and completeness. Without Simonton's expert opinion, Plaintiffs lacked sufficient evidence to prove causation, an essential element of their negligence per se claim. The court held that the remaining evidence was insufficient to create a genuine dispute of material fact, and thus, summary judgment in favor of Pine Branch was appropriate. View "Baker v. Blackhawk Mining, LLC" on Justia Law

Georgia-Pacific Consumer Products LP and other plaintiffs incurred cleanup costs at a site on the Kalamazoo River in Michigan due to pollution from paper mills. In 1995, Georgia-Pacific and other companies formed the Kalamazoo River Study Group (KRSG) and sought a declaration of shared liability for cleanup costs under CERCLA § 107. In 1998, the district court declared KRSG members, including Georgia-Pacific, liable for the entire cost of response activities at the site. Subsequent judgments in 2000 and 2003 confirmed this liability.In 2010, Georgia-Pacific filed a lawsuit against NCR Corporation, International Paper Company, and Weyerhaeuser Company, asserting claims under both CERCLA § 107(a) and § 113(f) for cleanup costs. The district court found NCR and International Paper liable and apportioned liability among the parties. However, the Sixth Circuit Court of Appeals held that Georgia-Pacific’s § 113(f) claims were time-barred and that Georgia-Pacific could not pursue § 107(a) claims for costs within the scope of the 1998 judgment.On remand, the district court vacated its judgment under § 113(f) but re-entered a declaratory judgment under § 107, declaring Georgia-Pacific, International Paper, and Weyerhaeuser liable for future response costs. International Paper and Weyerhaeuser appealed this decision.The United States Court of Appeals for the Sixth Circuit reviewed the case and vacated the district court’s declaratory judgment under § 107. The court held that Georgia-Pacific could not pursue a § 107(a) claim for costs within the scope of the 1998 judgment, as those costs were recoverable only under § 113(f). The court remanded the case for further proceedings to determine the scope of the 1998 judgment and allowed Georgia-Pacific to bring § 107(a) claims for costs outside that scope. View "Georgia-Pacific Consumer Products LP v. NCR Corp." on Justia Law

Several hundred children in Benton Harbor, Michigan, suffered from elevated lead levels in their blood after drinking lead-contaminated water from the city’s public water system for three years. Plaintiffs, represented by their guardians, filed a lawsuit against various state and city officials, as well as two engineering firms, alleging that these parties failed to mitigate the lead-water crisis and misled the public about the dangers of the drinking water. The claims included substantive-due-process and state-created-danger claims under 42 U.S.C. § 1983, as well as state-law negligence claims.The U.S. District Court for the Western District of Michigan dismissed the complaint in full. The court found that the plaintiffs did not plausibly allege a violation of their constitutional rights and declined to exercise supplemental jurisdiction over the state-law claims. Plaintiffs appealed the dismissal of their federal claims against the city and state officials and the state-law claims against one of the engineering firms.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the dismissal of the claims against the state officials, finding that the plaintiffs did not plausibly allege that these officials acted with deliberate indifference. However, the court reversed the dismissal of the claims against the city officials and the City of Benton Harbor, finding that the plaintiffs plausibly alleged that these officials misled the public about the safety of the water, thereby causing the plaintiffs to drink contaminated water. The court also reversed the district court’s declination of supplemental jurisdiction over the state-law claims against the engineering firm and remanded the case for further proceedings. The court affirmed the district court’s denial of leave to amend the complaint. View "Mitchell v. City of Benton Harbor" on Justia Law

Tennessee Gas Pipeline Company (TGP) proposed constructing a 32-mile natural gas pipeline across several Tennessee counties, which would involve crossing numerous waterbodies. TGP applied for a § 404 permit from the United States Army Corps of Engineers (the Corps), a § 401 water quality certification from the Tennessee Department of Environment and Conservation (TDEC), and a certificate of public convenience and necessity from the Federal Energy Regulatory Commission (FERC). The Corps issued the § 404 permit, allowing TGP to discharge materials into waterbodies during construction.The Corps issued public notices and received comments on TGP’s application. TGP responded to these comments, explaining its assessment of alternative routes and crossing methods. FERC issued a Final Environmental Impact Statement, concluding that the Pipeline would not result in significant environmental impacts. TDEC issued a § 401 water quality certification, and FERC issued a certificate of public convenience and necessity. The Corps then issued the § 404 permit with special conditions, including requirements for TGP to use the least impactful trenching techniques and obtain approval before using blasting methods.The United States Court of Appeals for the Sixth Circuit reviewed the Corps' decision. The court held that the Corps did not act arbitrarily or capriciously in issuing the § 404 permit. The Corps properly assessed practicable alternatives to open-cut trenching, determined that TGP’s proposed rock-removal methods were the least environmentally damaging practicable alternatives, and correctly relied on TDEC’s § 401 water quality certification. The court also found that the Corps provided sufficient support for its conclusions regarding suspended particulates and turbidity and adequately assessed the cumulative effects of the Pipeline’s construction. The court denied the petition for review. View "Appalachian Voices v. Army Corps of Engineers" on Justia Law

The case involves a dispute over the Tennessee Department of Environment and Conservation’s (TDEC) issuance of a water quality certification to Tennessee Gas Pipeline Company (TGP) for the construction and operation of a 32-mile natural gas pipeline in Tennessee. The pipeline would cross over one hundred bodies of water and require drilling across rocky terrain. Environmental groups Sierra Club and Appalachian Voices argue that TDEC failed to properly assess TGP’s application and ensure that the pipeline would not cause significant environmental damage.The lower court, TDEC, issued the water quality certification to TGP, authorizing temporary and permanent impacts to various water bodies and wetlands. TDEC imposed several conditions on TGP to minimize environmental disruption, including selecting the least impactful trenching techniques and obtaining written authorization before using controlled blasting. Petitioners filed a timely Petition for Review in the United States Court of Appeals for the Sixth Circuit, arguing that TDEC’s issuance of the certification violated the Administrative Procedure Act (APA).The United States Court of Appeals for the Sixth Circuit reviewed the case and found that TDEC did not violate the APA. The court held that TDEC adequately evaluated the water quality certification application and reasonably explained its decision-making process regarding waterbody crossings, rock removal methodology, downstream sedimentation, trench excavation, and baseline conditions of waterbodies. The court concluded that TDEC’s actions were not arbitrary, capricious, or inconsistent with its regulations. Consequently, the court denied the Petition for Review. View "Sierra Club v. Tennessee Department of Environment and Conservation" on Justia Law

The Sault Ste. Marie Tribe of Chippewa Indians (Sault Tribe) objected to the district court’s entry of the 2023 Great Lakes Fishing Decree, which resulted from a three-year negotiation among seven sovereigns, including the United States, the State of Michigan, and several Indian tribes. The 2023 Decree aimed to balance the Tribes’ treaty-reserved fishing rights with the preservation of the fishery waters. The Sault Tribe argued that the district court lacked jurisdiction to enter the decree without its consent and failed to evaluate the decree’s tribal fishing regulations based on the standard set out in People v. LeBlanc.The United States District Court for the Western District of Michigan overruled the Sault Tribe’s objections and entered the 2023 Decree, binding the Sault Tribe to its terms. The court concluded that it had the authority to approve the decree based on its continuing jurisdiction and equitable powers, and that the LeBlanc standard did not apply because the decree was a product of negotiation, not unilateral state regulation. The court also found that the Sault Tribe’s specific objections did not show that the decree was unreasonable or inconsistent with the treaty or the law of the case.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s entry of the 2023 Decree. The appellate court held that the district court did not abuse its discretion in exercising its continuing jurisdiction and inherent equitable power to enter the decree over the Sault Tribe’s objections. The court found that the district court had followed the appropriate legal standards and provided the Sault Tribe with due process by allowing it to file objections, present evidence, and argue its objections in an oral hearing. The appellate court also dismissed as moot the Sault Tribe’s appeal of the district court’s order extending the 2000 Decree, as the 2000 Decree was no longer in effect. View "United States v. Michigan" on Justia Law