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Results: 1-10 of 73

9th Circuit requires EPA to set storm water runoff limits for construction activities

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009

Structure of real estate deals key to determining CERCLA liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA

Gardere submits amicus brief for the American Chemistry Council

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure

Court requires EPA to limit greenhouse gas emissions at coal fired power plant

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

On Nov. 12, 2008, the Environmental Appeals Board (EAB) remanded a prevention of significant deterioration (PSD) permit issued last year back to EPA’s Region 8 to impose a best available control technology based (BACT) limit on the CO2 emissions

National security concerns trump environment in Navy sonar fight

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

A split United States Supreme Court refused to limit the Navy's use of sonar to locate enemy submarines notwithstanding its potential harm to whales and other marine mammals

Supreme Court to revisit CERCLA's joint and several liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

The U.S. Supreme Court has decided to determine when liability is “joint and several” as compared to when it should be “reasonably apportioned.”

Constellation Energy settles Maryland Coal Ash suit for $45 million

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 30 2008

Residents in Gambrills, Maryland are richer after Constellation Energy agrees to settle a class action lawsuit involving claims of personal injury and property damage allegedly caused by exposure to coal ash used to reclaim a sand and gravel quarry between 1995 to 2006

Sixth Circuit rules CERCLA contribution claim may not be based on administrative order

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

The Sixth Circuit has ruled that an EPA administrative order entered into under section 122(a) cannot form the basis for a section 113 CERCLA contribution action

CERCLA: no superfund contribution for a PRP with unresolved liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

In another post-Aviall ruling, the U.S. District Court for the Northern District of Indiana barred the City of Gary, Indiana from bringing a contribution claim under section 113 of CERCLA before completely settling its liability with the government

Clean Water Act: the Ninth Circuit expands Rapanos

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 16 2007

The Ninth Circuit has expanded the reach of Rapanos to include seasonally intermittent streams