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Results: 1-10 of 123

Coastal Zone Mgmt. Act: Fifth Circuit affirms dismissal of challenge to wind farm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Fifth Circuit Court of Appeals has upheld a district court decision allowing the construction of a coastal wind farm to proceed without an environmental consistency review or public comment

Greenhouse gases: cases challenging EPA’s endangerment finding held in abeyance

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

In light of petitions for reconsideration pending before EPA, the D.C. Circuit Court of Appeals has denied Virginia’s motion to remand to EPA to adduce further evidence on its endangerment findingi.e., that greenhouse gas (GHG) emissions from cars and light trucks endanger public health and welfare

NEPA: Ninth Circuit rules BLM failed to take hard look at cumulative impacts of mine-exploration expansion on tribal lands

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Ninth Circuit Court of Appeals has ordered a district court to reconsider whether the cumulative impact of a proposed expansion to a mine exploration project in Nevada requires a new environmental impact statement (EIS) under NEPA

NEPA: Tenth Circuit rules BLM did not violate NEPA in rejecting phased drilling plan

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Tenth Circuit Court of Appeals has affirmed a district court determination that the Bureau of Land Management (BLM) did not abuse its discretion when it declined to study a phased-development drilling plan proposed by environmentalists

Oil spill: federal court enjoins moratorium on deepwater drilling in the Gulf

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

A federal judge in Louisiana has issued a preliminary injunction ordering the U.S. Department of Interior and the Minerals Management Service to immediately lift the government’s ban on drilling on the Outer Continental Shelf in water depths greater than 500 feet and prohibiting the agencies from enforcing the ban until after a full trial on the merits

FIFRA: D.C. Circuit reverses district court dismissal for lack of jurisdiction

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 23 2010

The U.S. Court of Appeals for the District of Columbia Circuit has reversed a district court ruling that found no subject matter jurisdiction in a complaint related to an EPA risk mitigation decision (RMD

Greenhouse gases: lawsuit challenges Washington State executive order to reduce GHG emissions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

The Evergreen Freedom Foundation Constitutional Law Center has filed a lawsuit on behalf of six state residents in a Washington state court to challenge an executive order issued by Governor Christine Gregoire (D) on May 21, 2010, directing state agencies to reduce greenhouse gas (GHG) emissions

CERCLA: Ninth Circuit defines “owner” for cleanup cost liability

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

In a question of first impression, the Ninth Circuit Court of Appeals has determined that "owner and operator" status under CERCLA is ascertained as of the time cleanup costs are incurred and not when a recovery suit seeking reimbursement is filed

Air: Federal court rules EPA not required to block power plants

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

A federal judge in the District of Columbia has ruled that the Clean Air Act (CAA) does not require EPA to stop the construction of three power plants in Kentucky

Prop. 65: turf manufacturer and supplier settle lawsuit over warning labels

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

According to news sources, the nation’s largest turf manufacturer and supplier have settled litigation brought by the California attorney general’s office alleging violations of the warning label requirements of the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65