Justia Environmental Law Opinion Summaries

Plaintiffs filed suit against the EPA seeking to impose emission-control technology on NSP's Sherco power plant. NSP moved to intervene but the district court denied the motion. The court concluded that NSP has sufficient Article III standing to intervene. Moreover, NSP's interests are not adequately represented by the existing parties and, thus, NSP is entitled to intervene as a right under Rule 24(a). Accordingly, the court reversed the district court's judgment and remanded with instructions to enter an order granting NSP's motion for leave to intervene as of right. View "National Parks Conservation, et al. v. Northern States Power Co." on Justia Law

The owner of certain property and surveying company filed a shoreline certification application with the Department of Land and Natural Resources for the property. Petitioners filed a notice of appeal of the proposed shoreline certification. In an amended decision, the Board of Land and Natural Resources (BLNR) concluded that Petitioners failed to establish that the proposed certified shoreline was not proper. The Supreme Court vacated the BLNR’s amended decision, holding (1) in making a shoreline determination pursuant to Haw. Rev. Stat. 205A-42, the BLNR must consider the historical evidence of the upper reaches of the wash of the waves; and (2) in this case, the BLNR’s amended decision establishing a certified shoreline for the subject property effectively failed to consider the historical evidence of the upper reaches of the wash of the waves and contained errors of law and erroneous findings of fact. Remanded.View "Diamond v. Dobbin" on Justia Law

In 2012, the Environmental Protection Agency (EPA) promulgated a final Federal Implementation Plan (FIP) to reduce regional haze by regulating emissions of nitrogen oxides (NOx) and particulate matter (PM) at the five units of the Four Corners Power Plant on the Navajo Reservation. WildEarth Guardians filed a petition under 42 U.S.C. 7607(b)(1) for review of the FIP. It argued that promulgation of the FIP did not comply with the Endangered Species Act (ESA) because the EPA failed to consult with the Fish and Wildlife Service about the effect of the FIP even though the EPA had discretion to act to protect endangered fish near the Plant from mercury and selenium emissions. WildEarth argued that the EPA had four grounds for the exercise of discretion that could have benefitted the fish. But the principal ground was mooted by the closure of three units of the Plant, and two other grounds were not raised in WildEarth’s opening brief. "As for the fourth alleged ground, it could not create a duty to consult under the ESA because it would have required the EPA to exceed the clearly delineated boundaries of the FIP." The Tenth Circuit denied the petition. View "WildEarth Guardians v. EPA, et al" on Justia Law

Developer Vermont North Properties (VNP) appealed from the trial court’s decision in favor of the Village of Derby Center. The dispute centered on VNP’s rights, if any, to water and sewer allocations from the systems managed by the Village in connection with a VNP construction project. The trial court determined that: the Village could charge fees for reserved water and sewer allocations; the Village’s fees were reasonable; the Village could revoke VNP’s reserved allocations for nonpayment of fees; and the Village was not estopped from denying water and sewer connections to VNP on account of nonpayment. Upon review, the Supreme Court concluded that VNP had enforceable reserved water and sewer allocations, but the Village could charge equitable fees for these reservations and may revoke the reservations for nonpayment. Furthermore, the Court concluded that VNP failed to meet its burden of demonstrating the unreasonableness of the Village’s reservation fees, and on that basis the Court affirmed the trial court’s decision. View "Vermont North Properties v. Village of Derby Center" on Justia Law

In 1998, the United States brought enforcement actions in district court against seven major engine manufacturers, alleging that they had been using "defeat devices" to meet EPA standards for emissions of oxides of nitrogen. The parties settled and most of the manufacturers agreed to be bound by consent decrees. The manufacturers also agreed to comply with certain EPA emissions standards earlier than EPA regulations otherwise required. Volvo Powertrain now argues that the consent decree has no application to the Volvo Penta engines. The court agreed with the district court that the consent decree applied to the Volvo Penta engines manufactured at the Volvo Powertrain plant where the court read the terms of the consent decree to impose liability on Volvo Powertrain for its affiliate's engines manufactured at its facility. The court also concluded that the district court committed no abuse of discretion when it ordered Volvo Powertrain to pay approximately $72 million as a remedy for the violations of the decree. Accordingly, the court affirmed the judgment of the district court. View "United States v. Volvo Powertrain Corp." on Justia Law

WildEarth petitioned for review of the EPA's approval of Nevada's State Implementation Plan (SIP) for regional haze under the Clean Air Act (CAA), 42 U.S.C. 1983. The court concluded that WildEarth lacked Article III standing to challenge the EPA's approval of the SIP's formulation of reasonable progress goals for improving visibility conditions in the Jarbridge Wilderness Area; although WildEarth has standing to challenge the EPA's decision to approve Nevada's Sulfur Dioxide Best Available Retrofit Technology (BART) determination for the Reid Gardner Generating Station in southern Nevada, the EPA's decision was not arbitrary and capricious; the EPA's approval of Nevada's SIP did not violate any requirements imposed by section 7401(1); and, therefore, the court dismissed in part and denied in part the petition for review. View "WildEarth Guardians v. USEPA, et al." on Justia Law

Petitioner Old Dutch Mustard Co., Inc. appealed a New Hampshire Waste Management Council (Council) decision upholding a determination by the New Hampshire Department of Environmental Services (DES) to grant a permit to intervenor Pioneer Point Enterprises, LLC (Pioneer), to build and operate a solid waste facility adjacent to the petitioner's property. In May 2008, Pioneer applied for a permit to operate a solid waste management facility in an existing structure near the Souhegan River in Greenville. The Souhegan River was a "designated river" under the New Hampshire Rivers Management and Protection Act (RMPA), and under the Comprehensive Shoreland Protection Act (CSPA). DES denied the permit, concluding that the proposed facility violated the 250-foot setback requirement for solid waste facilities specified in the RMPA. Approximately six months later, Pioneer submitted an amended application, accompanied by a request for a waiver to build a new access driveway within fifty feet of the petitioner’s property. After the hearing, the Council ruled that the petitioner failed to prove that the issuance of the permit and waiver was either unreasonable or unlawful under the circumstances of this case. Petitioner argued on appeal that the Council erred when it: (1) concluded that only Unit 2 constituted the facility, or, alternatively, that Unit 2 itself did not violate the 250-foot setback; (2) failed to rule that because of Pioneer’s pre-permit construction, DES was required to deny the permit; (3) failed to consider the impact on the petitioner of granting the driveway setback waiver; and (4) reviewed the waiver of the driveway setback under an incorrect standard. Finding no reversible error, the Supreme Court affirmed. View "Appeal of Old Dutch Mustard Co., Inc." on Justia Law

In 2011, the Maine Department of Environmental Protection (DEP) issued an order approving water quality certification (WQC) under the Clean Water Act for the continued operation of the Eel Weir Hydropower Project. The project includes Eel Weir Bypass, a stretch of water that connects Sebago Lake to the Presumpscot River. Douglas Watts, a recreational user of Sebago Lake and the Presumpscot River, appealed the WQC to the Maine Board of Environmental Protection (BEP). The BEP affirmed the DEP’s order. The Business and Consumer Docket affirmed. The Supreme Court also affirmed, holding that the BEP did not err in approving the WQC and in finding that the WQC complies with Maine’s water quality standards governing the Eel Weir Bypass and Sebago Lake. View "Watts v. Bd. of Envtl. Prot." on Justia Law

In 1887, Jacob and Marry Fuller conveyed the coal interests in their 414-acre tract to Joseph Doran and W.A. Dick. In 1918, W.T. Fuller, the successor in interest to the Fullers, conveyed to Unice Nuckles a seventy-five-acre portion of the 414-acre tract. Appellant, as lessee under the successors in interest to Nuckles, claimed the mineral rights, excluding coal, in the seventy-five acre tract. Appellees claimed those same rights as successors in interest to the Fullers. The circuit court concluded that the 1918 deed excepted all coals and minerals from the conveyance and that, therefore, Appellees owned the mineral estate. The Supreme Court reversed, holding that the 1918 deed conveyed to Nuckles and her successors in interest all of the mineral estate in the seventy-five acres except the coal previously conveyed to others.View "CNX Gas Co. v. Rasnake" on Justia Law

The Department of Environmental Protection granted DCP Midstream Partners, LP, a permit to construct a liquefied petroleum gas terminal near Searsport. Thanks But No Tank and several individuals (collectively TBNT) sought review of the Department's decision. The superior court affirmed. Four months after TBNT filed its notice of appeal, DCP withdrew its municipal application and petitioned the Department to surrender the permits. The Department granted DCP's petition. The Supreme Court subsequently dismissed this appeal as moot and (1) declined to vacate the judgment of the superior court, and (2) denied TBNT's motion for costs, as it was not a prevailing party pursuant to Me. Rev. Stat. 1501.View "Thanks But No Tank v. Dep't of Envtl. Prot." on Justia Law