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Federal court allows contractor’s indemnity lawsuit against U.S. to proceed

Shook Hardy & Bacon LLP
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USA
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July 1 2011

The Federal Claims Court has refused to dismiss a lawsuit by a federal contractor seeking indemnification from the United States for toxic tort and environmental cleanup claims arising out of work the contractor performed for the Atomic Energy Commission

Court of federal claims rules U.S. may avoid damages over breach of radioactive waste contract

Shook Hardy & Bacon LLP
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USA
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August 12 2011

The Federal Claims Court has ruled that the United States might avoid damages, but not liability, by arguing that unavoidable delay caused the government to breach a contract to dispose of high-level radioactive waste

CERCLA’s bar on pre-enforcement review applies to cleanup of former DOD site

Shook Hardy & Bacon LLP
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USA
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April 8 2011

A federal court in Kansas has ruled that the CERCLA bar on pre-enforcement review applies to a lawsuit challenging an ongoing cleanup conducted under a program to address a former U.S. Department of Defense (DOD) site

CEQ issues guidance on development of climate change adaptation plans

Shook Hardy & Bacon LLP
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USA
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March 18 2011

The White House Council on Environmental Quality (CEQ) issued guidance March 4, 2011, to federal agencies instructing them to take a number of steps to comply with Executive Order 13514

Ninth Circuit upholds state building code provision under EPCA preemption exemption

Shook Hardy & Bacon LLP
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USA
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July 13 2012

The Ninth Circuit Court of Appeals has upheld energy-efficiency provisions in Washington state’s building code under a preemption-exemption provision in the Energy Policy and Conservation Act (EPCA

Data underlying atrazine research sought under FOIA lawsuit

Shook Hardy & Bacon LLP
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USA
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October 15 2010

The U.S. Department of Health and Human Services (HHS) and the National Institute of Environmental Health Sciences (NIEHS) have been sued in federal court under the Freedom of Information Act (FOIA) for their alleged failure to produce data and research relating to the herbicide atrazine

Indiana city agrees to upgrade sewer systems

Shook Hardy & Bacon LLP
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USA
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January 21 2011

Evansville, Indiana, has entered a consent decree in which the city agrees to make extensive improvements to its sewer systems and pay civil penalties of $420,000 to EPA and $70,000 to the state

CalEPA proposes new public health goal for perchlorate in drinking water

Shook Hardy & Bacon LLP
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USA
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January 21 2011

CalEPA's Office of Environmental Health Hazard Assessment (OEHHA) has proposed a new public health goal for perchlorate in drinking water that would lower the current 6 parts per billion (ppb) goal to 1 ppb

NRC not required to hold hearing on need for EIS on risks of terrorist attack

Shook Hardy & Bacon LLP
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USA
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February 25 2011

The Ninth Circuit Court of Appeals has ruled that the Nuclear Regulatory Commission (NRC) is not required to hold a closed hearing on its decision to forgo an environmental impact statement (EIS) on the potential effects of a terrorist attack before approving additional nuclear waste storage at a California power plant

EPA to assist communities in Sustainable Building Blocks Program

Shook Hardy & Bacon LLP
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USA
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February 11 2011

EPA announced February 3, 2011, that it will work with the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation to help communities achieve “sustainable planning” through the Sustainable Communities Building Blocks Program