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Wetlands: federal court finds either Rapanos test valid to establish CWA jurisdiction

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A federal judge in Delaware has ruled that either the plurality or concurrence standards in Rapanos v. U.S., 547 U.S. 715 (2006), may be used to establish Clean Water Act (CWA) jurisdiction in wetlands enforcement cases

Preemption: California SCAQMD may not impose idling-train emissions restrictions that interfere with interstate commerce

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Ninth Circuit Court of Appeals has determined that California's South Coast Air Quality Management District (SCAQMD) may not impose restrictions that interfere with interstate commerce on emissions from idling trains

TSCAnanotechnology: EPA issues final SNURs for two carbon nanotubes

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has published final significant new use rules (SNURs) for two carbon nanotubes that would require companies to provide the agency with 90 days' notice before they manufacture or import them

Water: IG report says EPAstate MOAs are out-of-date

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A recent EPA Office of Inspector General (IG) report says that most Clean Water Act (CWA) memoranda of agreement (MOAs) between EPA and the states are out-of-date, inconsistent or both

TSCA: EPA’s procedures for enforceable consent agreements revised

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has published a final rule that revises procedures for enforceable consent agreement negotiations on chemical testing and sets deadlines for them

Waste: EPA agrees to revisit environmental justice aspects of solid-waste definition

Shook Hardy & Bacon LLP
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USA
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September 24 2010

Under a settlement agreement with the Sierra Club, EPA has agreed to revisit a rule titled “Revisions to the Definition of Solid Waste,” 73 Fed. Reg. 64,668 (103008), to address environmental justice issues raised in the organization’s 2009 petition

Due diligence: Washington statute requires disclosure of environmental conditions in commercial real estate transactions

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A Washington state law (S.B. 6749) requires the disclosure of a wide range of “environmental conditions” to prospective buyers of commercial real estate

Sustainability: comments on EPA’s role in advancing green products sought

Shook Hardy & Bacon LLP
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USA
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September 24 2010

EPA has issued a notice seeking comments on how it can contribute to the development, manufacture and use of sustainable, or "green," products

Toxic tort: families sue over alleged contamination from hydraulic fracturing

Shook Hardy & Bacon LLP
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USA
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September 24 2010

Thirteen families in rural Pennsylvania have filed a lawsuit against a natural gas exploration and production company alleging that its hydraulic fracturing operations have contaminated their properties and water wells and are exposing them to hazardous chemicals

Tort: corp’s contractor not eligible for government-contractor immunity in Katrina lawsuit

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Fifth Circuit Court of Appeals has ruled that a contractor retained by the U.S. Army Corps of Engineers (Corps) is not immune from liability in a lawsuit seeking damages for work it performed around a floodwall that failed during Hurricane Katrina

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