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Results: 1-10 of 123

NEPA: federal court rules proposed beltway not in violation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2010

A federal judge in North Carolina has ruled that a proposed beltway in Winston-Salem does not violate NEPA

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

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

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

Greenhouse gases: New Mexico Supreme Court rules state board may consider GHG cap

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 18 2010

The New Mexico Supreme Court has reportedly vacated a lower court's preliminary injunction, issued in April 2010, halting the New Mexico Environmental Improvement Board's process for gathering expert testimony and public comments on a petition to establish a cap on greenhouse gas (GHG) emissions in the state

Endangered Species Act: federal court reinstates protection for gray wolf

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

A federal judge in Montana has reinstated Endangered Species Act (ESA) protection for gray wolves in the northern Rocky Mountains

TSCA: Eleventh Circuit upholds regulations requiring lead warning statements by residential property lessors

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 13 2010

The Eleventh Circuit Court of Appeals has upheld regulations under TSCA and the Lead-Based Paint Hazard Reduction Act of 1992, requiring lessors of residential property built before 1978 to put a specifically worded "Lead Warning Statement" in the property's lease and affirmatively disclose either that lead-based paint is present on the property or that the lessor has no knowledge of such paint

Air: citizen suit against South Dakota power plant filed too late

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

The Eighth Circuit Court of Appeals has dismissed a Clean Air Act (CAA) citizen suit filed in June 2008 seeking civil penalties against a South Dakota power plant for allegedly failing to obtain necessary permits and for violating emissions standards

Water quality: foundation seeks court orders forcing CWA compliance in Missouri

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 13 2010

A St. Louis-based non-profit foundation has sued EPA alleging that the agency has failed to ensure that all bodies of water in Missouri are protected by the Clean Water Act

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

Jurisdiction: Tenth Circuit reverses EPA designation of New Mexico mine as Indian country

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 25 2010

The Tenth Circuit Court of Appeals has ruled en banc that EPA erred when it designated a New Mexico mine as "Indian country," wrongly subjecting it to federal rather than state law