Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Over thirty-five years ago, the Natural Resources Conservation Service (NRCS), working with local sponsors, devised a project to provide watershed protection, flood prevention, and recreation along the Lost River Subwatershed. In 1974, the NRCS issued an environmental impact statement relating to the project, and since that time, three dams and most of the land treatment measures have been completed. After preparing a supplemental environmental impact statement in 2009, the NRCS issued a record of decision that eliminated one of the remaining dams from the project and authorized construction of the final dam for the added purpose of providing water supply. Appellants, seven individuals who alleged that their land will be adversely affected by this final dam's construction, filed this action contending that the NRCS failed to comply with the National Environmental Policy Act (NEPA). They appealed the district court's order granting Appellees' motion for summary judgment. Because the Fourth Circuit determined that the NRCS complied with the procedures mandated by the NEPA and took a hard look at the project's environmental effects, the Court affirmed. View "Webster v. USDA" on Justia Law

Plaintiff Jane Huggins, trading as SADISCO of Maryland (SADISCO) sued Prince George’s County, Maryland and five County officials after the County shut down the salvage automobile wholesaling business operated by SADISCO on a parcel of land that SADISCO owned within the County. SADISCO’s complaint alleged one count under federal law and four counts under Maryland’s common law. The district court dismissed certain counts pursuant to Federal Rule of Civil Procedure 12(b)(6) and granted summary judgment in favor of the County and officials with respect to the remaining counts. Plaintiff appealed, and after review, the Fourth Circuit found that the district court correctly rejected Plaintiff's arguments. View "Huggins v. Prince George's County, MD" on Justia Law

Plaintiffs challenged the Corps' decision to approve a permit under section 404 of the Clean Water Act (CWA), 33 U.S.C. 1344, and section 10 of the Rivers and Harbors Act of 1899 (RHA), 33 U.S.C. 403, to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach. Plaintiffs appealed the district court's award of summary judgment to defendants. Having concluded that the Corps' grant of the permit violated the applicable National Environmental Protection Act (NEPA), 42 U.S.C. 4332(2)(C), procedural requirements, the court was not inclined to decide whether it should not have issued on different grounds. Therefore, the court vacated the judgment, remanded for preparation of an Environmental Impact Statement (EIS), and remanded for further proceedings. View "Friends of Back Bay, et al. v. US Army Corps of Engineers, et al." on Justia Law

After the Agencies approved the construction of a new 20-mile toll road in North Carolina, the Conservation Groups filed suit, seeking to enjoin construction on the toll road, contending that the process by which the Agencies approved the road violated the National Environmental Protection Act (NEPA), 42 U.S.C. 4321 et seq. The district court granted summary judgment to the Agencies. Because the Agencies failed to disclose critical assumptions underlying their decision to build the road and instead provided the public with incorrect information, they did indeed violate NEPA. Accordingly, the court vacated the judgment of the district court and remanded for further proceedings. View "North Carolina Wildlife, et al. v. North Carolina Dept. of Transp., et al." on Justia Law

Appellants challenged the Agencies' execution of a tiered review process related to planning improvements to Virginia's Interstate 81 corridor. The district court rejected appellants' challenge which alleged various constitutional and statutory violations. On appeal, appellants claimed that the Agencies were attempting to foreclose consideration of environmentally friendly alternatives for specific sections of I-81 by choosing a corridor-wide improvement concept in the first stage of the review process. The court held, however, that appellants misapprehended the Agencies' position where the Agencies planned to comply with the Stipulation in this case and the National Environment Policy Act (NEPA), 42 U.S.C. 4321 et seq., by considering site-specific alternatives to the corridor-wide concept in subsequent stages. Because there was no actual dispute here, and because appellants could not show any injury or imminent threat of injury, this suit was not justiciable. Accordingly, the court dismissed the appeal. View "Shenandoah Valley Network v. Capka, et al." on Justia Law

The National Electrical Manufacturers Association (NEMA) petitioned for review of a final rule promulgated by the U.S. Department of Energy (DOE) setting forth energy conservation standards for electric induction motors ranging in power output from .25 to 3 horsepower (Final Rule). In promulgating the Final Rule, the DOE invoked its authority to establish energy conservation standards for "small electric motor[s]," a term defined by the Energy Policy and Conservation Act (EPCA), 42 U.S.C. 6311(13)(G). NEMA contended that the relevant statutory definition unambiguously excluded all such motors exceeding 1 horsepower, as well as certain motors rated at and less than 1 horsepower, from being regulated as small electric motors. The court held that the Final Rule embodied a permissible interpretation of the statutory definition and therefore, denied the petition for review.

Plaintiff, operator of an electricity plant, sued defendant ("the county"), seeking to enjoin Expedited Bill 29-10, which imposed a levy on large stationary emitters of carbon dioxide within the county, on the ground that it violated the United States and Maryland Constitutions. At issue was whether a Montgomery County exaction on carbon dioxide emissions, levied only upon plaintiff's electricity-generating facility, was a tax or a fee. The court held that the carbon charge, which targeted a single emitter and was located squarely within the county's own "programmatic efforts to reduce" greenhouse gas emissions, was a punitive and regulatory fee over which the federal courts retained jurisdiction. Accordingly, the court reversed and remanded for further proceedings.

Plaintiffs filed a complaint against defendant alleging that defendant was violating the Clean Air Act ("Act") by constructing a coal-fired power plant without a determination that the power plant would achieve a level of air pollution control that satisfied the Act's Maximum Achievable Control Technology provisions. At issue was whether the district court erred in awarding attorneys' fees to plaintiffs based on the merits of an order that granted summary judgment in favor of plaintiffs. The court held that attorneys' fees were properly awarded based on plaintiffs' success in the litigation where defendant was subject to state administrative proceedings as a consequence of plaintiffs' suit. The court also held that defendant's merits argument was irrelevant to the court's determination where plaintiffs achieved success supporting the fee award.