JUDICIAL: includes Landowner Liability, PACA, CWA, Environmental,
Franciosa v. Hidden Pond Farm, Inc., No. 2017-0153, 2018 WL 4517252 (N.H. Sept. 21, 2018); The plaintiff appeals an order of the Superior Court granting the motion for summary judgment filed by the defendants and denying the plaintiff’s cross-motion for partial summary judgment. The trial court ruled that, pursuant to RSA 508:19 (2010)(an equine liability statute), the defendants were entitled to immunity from liability for the injuries sustained in a horseback riding accident. The court affirmed.
NATHEL INTERNATIONAL, INC., Plaintiff, v. VINCENT B. ZANINOVICH & SONS, INC., Defendant., No. 118CV00729LJOSAB, 2018 WL 4510717 (E.D. Cal. Sept. 18, 2018); Defendant contends that PACA only provides jurisdiction to hear disputes that seek to impose damages liability, and secondly, that Plaintiffs have not alleged facts to support a separate diversity jurisdiction. Defendant argues that, since Plaintiff is only seeking declaratory relief, the Court does not have jurisdiction over this dispute. Defendant also contends that this court should decline to decide the complaint for declaratory relief because there is an alternative forum, the United States Department of Agriculture (“USDA”) that is deciding the same issue and has primary jurisdiction over the matter. Alternately, Defendant seeks for the Court to stay this action pending resolution of the proceedings in the USDA to avoid a waste of resources and conflicting judicial determinations.
Tin Cup v. United States Army Corps of Engineers, No. 17-35889, 2018 WL 4516123 (9th Cir. Sept. 21, 2018)
In this case, the 9th Circuit considered what should be considered the growing season in Alaska’s permafrost and, specifically, whether language in a 1993 appropriations act requires the U.S. Army Corps of Engineers (the “Corps”) to continue to use a 1987 guidance manual for delineating wetlands under the Clean Water Act.
STATE OF TEXAS, et al, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al, Defendants., No. 3:15-CV-00162, 2018 WL 4518230 (S.D. Tex. Sept. 12, 2018); Pending before the Court is Plaintiffs’ Motion for a Preliminary Injunction. Having read the briefs in support of this motion, the response, and the reply, this Court hereby ORDERS that the motion is GRANTED and that the “Clean Water Rule: Definition of ‘Watersof the United States’ ” (the “Rule”), 80 Fed. Reg. 37,054 (June 29, 2015), be enjoined temporarily as to Texas, Louisiana, and Mississippi until this case is finally resolved.
DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, Petitioners v. SECRETARY PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents PennEast Pipeline, Co., LLC, Intervenor, No. 17-1456, 2018 WL 4519953 (3d Cir. Sept. 20, 2018); This case concerns a pipeline project (the “Project”). The Project involves the construction and operation of a 120-mile interstate natural gas pipeline that will move natural gas from the Marcellus Shale region in northeastern Pennsylvania to delivery points in lower Pennsylvania and New Jersey. At issue is a decision of the Pennsylvania Department of Environmental Protection (“PADEP”) to grant to pipeline a Water Quality Certification under Section 401 of the CleanWater Act. 33 U.S.C. § 1341(a)(1). The Petitioner, Delaware Riverkeeper Network (“DRN”), in addition to challenging PADEP’s decision on the merits, argues that the Certification issue is not ripe for review. For the reasons that follow, we conclude that we do have jurisdiction and that DRN’s challenge to the Certification fails on the merits.
Animal and Plant Health Inspection Service
Rule: Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List; Amendments to the Select Agent and Toxin Regulations; Technical Amendment. Info HERE
H.R. 6682: Protection and Transparency for Adjacent Landowners Act, Text is now available