Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

This case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under section 404(e) of the Clean Water Act. These permits authorized activities involving discharge of dredged or fill material in U.S. waters and wetlands. TransCanada Corporation proposed to rely on the nationwide permit to build an oil pipeline, the Gulf Coast Pipeline, running approximately 485 miles and cross over 2,000 waterways. The Corps issued letters verifying that Nationwide Permit 12 would cover the proposed construction. Shortly thereafter, TransCanada began constructing the pipeline, which was completed. Three environmental groups (Sierra Club, Inc.; Clean Energy Future Oklahoma; and East Texas Sub Regional Planning Commission) challenged the validity of the nationwide permit and verification letters. The district court rejected these challenges and entered judgment for the defendants. After review, the Tenth Circuit affirmed the entry of judgment in favor of the defendants. View "Sierra Club v. Bostick" on Justia Law

The U.S. Fish and Wildlife Service conveyed to a strip of land to a consortium of local governments a strip of land for the construction of a parkway. The decision was challenged on various environmental grounds by several parties, including appellants WildEarth Guardians, Rocky Mountain Wild, the Town of Superior, and the City of Golden. The district court affirmed the Service’s actions, and Appellants appealed to the Tenth Circuit. Appellants asserted that the Service violated the Rocky Flats National Wildlife Refuge Act, the National Environmental Policy Act, and the Endangered Species Act. Finding no reversible error, the Tenth Circuit affirmed the district court's decision. View "WildEarth Guardians v. U.S. Fish & Wildlife" on Justia Law

In an effort to comply with the Clean Air Act, three states (New Mexico, Utah, and Wyoming), one city (Albuquerque), and one county (Bernalillo County) adopted a regional cap-and-trade program regulating sulfur-dioxide emissions over the Colorado Plateau. New Mexico, Utah, Wyoming, the City of Albuquerque, and Bernalillo County persuaded the EPA that the trading program would yield better results than the EPA's own compliance standards (referred to as "BART"). Five environmental groups filed petitions for review, arguing that the EPA should not have approved the trading program. Concluding that the EPA's decision was neither arbitrary nor capricious, the Tenth Circuit Court of Appeals denied the petitions for review. View "WildEarth Guardians v. EPA" on Justia Law

Headwaters Resources, Inc. carried commercial liability insurance issued by two insurance companies: Illinois Union Insurance Company and ACE American Insurance Company. Headwaters sought reimbursement for its litigation costs arising from a case brought by landowners in Virginia, alleging that Headwaters had caused personal injury and property damage during the construction of a nearby golf course. The complaint alleged that fly ash used in the construction process caused air and water pollution that devalued their homes and created health risks to the homeowners. The insurance companies told Headwaters that defense costs related to Headwaters’ pollution were outside the scope of the coverage and denied the claim. Headwaters sued, and the district court eventually granted summary judgment in favor of the insurance companies, finding that the pollution exclusions in the insurance policies precluded coverage. Jurisdictions that have addressed the scope of a "total pollution exclusion" were either: (1) courts that applied the pollution exclusions as written because they find them clear and unmistakable; or (2) courts that narrowed the exclusions to "traditional environmental pollution," because they found the terms of the exclusion to be ambiguous due to their broad applicability. The Utah Supreme Court had not yet weighed in on this debate, and the federal district court did not pick a side on its behalf. Instead, the district court found that certain of the at-issue pollution exclusions unambiguously applied to bar coverage and that the remaining pollution exclusions, although possibly ambiguous, still applied because the complaints unquestionably alleged traditional environmental pollution. As a result, the complaints triggered the pollution exclusions in all of the policies, and the district court granted summary judgment in favor of the insurance companies. Upon review, the Tenth Circuit found that each of the pollution exclusions was unambiguous, and affirmed the district court’s grant of summary judgment. View "Headwaters Resources v. Illinois Union Insurance Co." on Justia Law

This appeal consolidated two cases about United States Forest Service actions in the Black Hills National Forest (BHNF). Appellants, (collectively, "Biodiversity") were largely non-profit organizations interested in species and habitat protection in the BHNF. Appellees were the Forest Service and several of its officials tasked with managing the BHNF. Intervenors-Appellees were state and county governments and private groups concerned with how management of the BHNF affected nearby private land, state and county citizens, and visitors. Biodiversity sued the Forest Service regarding the BHNF in two separate proceedings: (1) in the United States Federal District Court for the District of Wyoming, Biodiversity claimed the Forest Service had failed to comply with various federal statutes and regulations; and (2) in the United States Federal District Court for the District of Colorado, Biodiversity moved for relief, arguing the Forest Service had violated a settlement agreement. The district courts denied Biodiversity's petition for review and dismissed Biodiversity's motion, respectively. After careful consideration of the district courts' records, the Tenth Circuit found no reversible errors and affirmed the Wyoming and Colorado courts.View "Biodiversity Conservation, et al v. Jiron, et al" 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

The issues on appeal to the Tenth Circuit in this case stem from pollution at a four-square-mile area in Denver where Debtor-ASARCO, Union Pacific Railroad Company, and Pepsi-Cola Metropolitan Bottling Company., Inc. all operated facilities. All companies allegedly contributed to the release of hazardous substances at the site. The Environmental Protection Agency brought a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) action against debtor-ASARCO which was pending when the company filed for Chapter 11 bankruptcy protection. The EPA filed proofs of claim in the bankruptcy case seeking recovery of ASARCO's portion of the cleaning expenses. ASARCO moved to settle the claims to resolve its CERCLA liabilities. ASARCO sought contribution from Union Pacific and Pepsi. The district court ruled: (1) that ASARCO's direct contribution claim was time-barred under CERCLA section 113 (42 U.S.C. ß 9613); (2) that post-bankruptcy ASARCO was not a subrogee of pre-bankruptcy ASARCO; (3) and that ASARCO could not bring a subrogation claim. ASARCO appealed all three of these rulings. Finding no reversible error, the Tenth Circuit affirmed the district court.View "Asarco LLC v. Union Pacific, et al" on Justia Law

Biodiversity Conservation Alliance challenged a United States Forest Service decision modifying trail use in the two-million-acre Medicine Bow National Forest in southern Wyoming. The Forest Service formally closed several hundred miles of unauthorized motorized trails, but allowed motorcycle use on an approximately five-mile trail in the Middle Fork Inventoried Roadless Area and several connecting trails. The Alliance argued the Forest Service did not properly consider the impacts on wetlands and non-motorized recreation in reaching its decision, and should have found that significant impacts required the preparation of an Environmental Impact Statement under the National Environmental Policy Act (NEPA). Upon review, the Tenth Circuit concluded the Forest Service's Environmental Assessment adequately supported its finding that the proposed decision would have no significant impacts on wetlands or other users of the Middle Fork IRA. Accordingly, the Court affirmed the district court and upheld the Forest Service decision. View "Biodiversity Conservation v. United States Forest Service" on Justia Law

Petitioner WildEarth Guardians challenged an Environmental Protection Agency order that denied in part its petition for an objection to a Title V operating permit issued by the Colorado Department of Public Health and Environment (CDPHE) to Intervenor Public Service Company of Colorado (d/b/a Xcel Energy), for a coal-fired power station in Morgan County, Colorado. Petitioner argued that the permit should have included a plan to bring the station into compliance with the Clean Air Act. The EPA denied Petitioner's petition for an objection despite the EPA's issuing a citation to Public Service for violating the act in 2002. The EPA concluded that Petitioner's evidence failed to demonstrate a violation, and that the state agency adequately responded to Petitioner's comments before it issued the permit. Petitioner petitioned the Tenth Circuit on appeal. The Court saw no error in the EPA's persuasive interpretation of the demonstration requirement. Furthermore, the Court concluded the agency did not act arbitrarily or capriciously in concluding that Petitioner failed to demonstrate noncompliance with the Act. Therefore the Court affirmed the EPA's order denying in part the petition to object. View "WildEarth v. EPA" on Justia Law

Petitioner-Appellant Western Watersheds Project (WWP) challenged a Bureau of Land Management (BLM) decision to grant a 10-year grazing permit to LHS Split Rock Ranch, LLC for four federal public land allotments in central Wyoming. WWP asserted that BLM?s decision to grant the grazing permit was arbitrary and capricious because BLM had previously concluded that past grazing was a substantial cause of serious environmental degradation on the allotments. The district court granted summary judgment to BLM. WWP appealed. Finding that the agency did not act arbitrarily or capriciously, the Tenth Circuit affirmed. View "Western Watersheds Project v. BLM" on Justia Law