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

Shook Hardy & Bacon LLP
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USA
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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

Prop. 65: lawsuit targets fish oil supplements containing PCBs

Shook Hardy & Bacon LLP
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USA
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March 12 2010

Environmental and public health groups have sued eight manufacturers and retailers of fish oil supplements sold in California under the state Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) alleging that the fish oil supplements contain high levels of polychlorinated biphenyls (PCB) and require warning labels

Chief engineer pleads guilty to ocean dumping

Shook Hardy & Bacon LLP
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USA
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May 14 2010

The chief engineer of an ocean-going ship that transported cargo between various ports in Asia and the United States has reportedly pleaded guilty in federal court to violating an international treaty and the federal Act to Prevent Pollution from Ships

Ninth Circuit upholds conviction of corporate officer for knowledge plus participation

Shook Hardy & Bacon LLP
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USA
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March 12 2010

The Ninth Circuit Court of Appeals has ruled that a corporate officer may be prosecuted for illegal hazardous waste storage if the officer knew of the illegal storage and directly participated in the conduct that violated RCRA

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

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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
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USA
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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

Beef-processing plant to settle CWA violations

Shook Hardy & Bacon LLP
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USA
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May 14 2010

A Washington state beef-processing plant has reportedly agreed to settle alleged Clean Water Act (CWA) violations for a $750,000 civil penalty and the installation of $3 million in new wastewater treatment equipment

Federal court rules RCRA suit barred by CERCLA

Shook Hardy & Bacon LLP
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USA
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May 14 2010

A federal judge in California has ruled that the city of Fresno may not pursue a RCRA claim against the federal government for cleanup of a former military installation

First Circuit rejects challenge to wastewater permit on procedural grounds

Shook Hardy & Bacon LLP
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USA
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July 30 2010

The First Circuit Court of Appeals has rejected a challenge to a revised wastewater permit by the city of Pittsfield, Massachusetts, upholding a decision by EPA's Environmental Appeals Board (EAB) that declined to hear the permit appeal on procedural grounds