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Wetlands: federal court finds either Rapanos test valid to establish CWA jurisdiction
- Shook Hardy & Bacon LLP
- -
- 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
Air: groups sue EPA over alleged failure to promulgate FIPs to address NAAQS for ozone
- Shook Hardy & Bacon LLP
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- USA
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- 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
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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
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
Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard
- Shook Hardy & Bacon LLP
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- USA
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- 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
First Circuit vacates SWA guilty verdict, finds no double jeopardy
- Shook Hardy & Bacon LLP
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- USA
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- 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
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
Tenth Circuit reverses Rocky Flats class action over jury instructions
- Shook Hardy & Bacon LLP
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- 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
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
Current Search
- Jurisdiction - USA
- Workarea - Environment
- Workarea - Litigation
- Firm Name - Shook Hardy & Bacon LLP
- Author - James Neet