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.