We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 116

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Air: groups sue EPA over alleged failure to promulgate FIPs to address NAAQS for ozone

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 24 2010

Two environmental groups have sued EPA alleging that the agency has failed to promulgate federal implementation plans (FIPs) to address national ambient air quality standards (NAAQS) for ozone in some non-compliant states and failed to take final action on state implementation plans (SIPs) for ozone standards in other states

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 24 2010

The Tenth Circuit Court of Appeals has ruled that toxic tort plaintiffs in New Mexico must demonstrate that their alleged injuries would not have occurred "but for" the defendants' act

Toxic tort: families sue over alleged contamination from hydraulic fracturing

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Tenth Circuit reverses Rocky Flats class action over jury instructions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions

First Circuit vacates SWA guilty verdict, finds no double jeopardy

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

Because the district court erred in excluding the public from the courtroom during jury selection, the First Circuit Court of Appeals has vacated the convictions of two defendants found guilty of violating criminal provisions of the Clean Water Act

BLM grazing regulations ruled invalid

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

The Ninth Circuit Court of Appeals has ruled that U.S. Bureau of Land Management (BLM) grazing regulations are invalid because they violate the Endangered Species Act (ESA) and NEPA

Non-profit groups sue EPA over Cape Cod nitrogen pollution

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

Environmental groups have sued EPA alleging that the agency has failed to meet its legal mandate under the Clean Water Act (CWA) to adequately permit and regulate the discharge of nitrogen into the waters of Cape Cod