DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123084P.pdf 02/03/2016 State of Nebraska v. EPA U.S. Court of Appeals Case No: 12-3084 and No: 12-3085 Petition for Review of an Order of the Environmental Protection Administration [PUBLISHED] [Benton, Author, with Riley, Chief Judge, with Bye, Circuit Judge] Petition for Review - Environmental Protection Administration. The EPA did not exceed its statutory authority in rejecting the State of Nebraska's Best Available Retrofit Technology (BART) determination for the Gerald Gentleman Station, a Nebraska electric power plant subject to BART because of its impact on sites in South Dakota, Oklahoma, Colorado and Missouri; nor did the EPA err in promulgating a federal implementation plan relying on the Transport Rule to satisfy the Clean Air Act as that decision was not arbitrary, capricious or otherwise not in accordance with the law; EPA's decision not to require a scrubber at the Station was not an abuse of its discretion. Judge Bye, concurring in the result. 143433P.pdf 02/03/2016 Travis Chaney v. Carolyn W. Colvin U.S. Court of Appeals Case No: 14-3433 U.S. District Court for the Western District of Arkansas - Ft. Smith [PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Benton, Circuit Judge] Civil case - Social Security. There was substantial evidence in the record as a whole to support the ALJ's credibility determinations, and the ALJ did not err in finding claimant was less-than-fully credible; the ALJ did not err in discounting the evidence provided by the treating physicians as their opinions were not supported by the record as a whole; denial of benefits affirmed. 151300P.pdf 02/03/2016 Herman Hutton v. Danny Maynard, Sr. U.S. Court of Appeals Case No: 15-1300 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Kelly, Author, with Wollman and Colloton, Circuit Judges] Civil case - Employment discrimination. Plaintiff failed to establish any direct evidence of retaliation; assuming he made a prima facie case of discrimination under the McDonnell Douglas framework, the employer provided a legitimate, non-discriminatory ground for his discharge which plaintiff failed to show was a pretext for retaliation based on his advocacy for the promotion of an African American employee. 151883U.pdf 02/03/2016 Bobby Joe Downs v. Nick Ludwick U.S. Court of Appeals Case No: 15-1883 U.S. District Court for the Southern District of Iowa - Des Moines [UNPUBLISHED] [Per Curiam - Before Benton, Bowman and Kelly, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment.