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Results: 1-10 of 790

Federal court rules EPA has discretionary authority to intervene in state regulatory policy

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 11 2012

A federal court in New Jersey has dismissed a lawsuit seeking to force the U.S. Environmental Protection Agency (EPA) to intervene in the New Jersey Department of Environmental Protection’s (NJDEP) regulation of stormwater runoff into the Delaware River

Ninth Circuit holds agencies cannot amend rules through court settlements

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 10 2013

The Ninth Circuit Court of Appeals has vacated a consent decree that provided a remedy in a challenge to the Northwest Forest Plan (NFP), a forest

Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense

CERCLA claim dismissed for failure to adequately plead alter-ego or successor liability

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 2 2011

A federal court in Illinois has dismissed a CERCLA contribution claim because the plaintiff could not establish liability under either an alter-ego or successor liability theory

D.C. Circuit puts chromium emission rule challenge on hold

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 25 2013

The D.C. Circuit Court of Appeals has agreed to a joint request to put two cases challenging air emission standards for chromium electroplating on

CERCLA: federal court upholds joint and several liability ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 21 2010

A federal judge in California has ruled that Burlington Northern & Santa Fe Railway Co. v. U.S., 129 S. Ct. 1870 (2009), did not change existing law regarding joint and several liability under CERCLA

Shipping company to pay $725,000 for failure to report oily waste discharges

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 11 2010

A federal judge has ordered a Turkish shipping company to pay a $725,000 fine for failing to report illegal oil discharges through a "magic pipe" onboard a contracted tanker vessel

FIFRA: Eighth Circuit rules statute contains no private cause of action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 11 2010

The Eighth Circuit Court of Appeals has upheld a U.S. District Court for the District of Minnesota decision that FIFRA does not provide a private cause of action to those allegedly injured as a result of a manufacturer’s violation of FIFRA’s labeling requirements

CERCLA: federal court rules EPA cost recovery lawsuit barred under compulsory counterclaim rule

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

A federal judge in California has ruled that CERCLA cost recovery claims involving perchlorate and trichloroethylene contamination of the Rialto-Colton Groundwater Basin are subject to Federal Rule of Civil Procedure 13(a), which "bars a party who failed to assert a compulsory counterclaim in one action from instituting a second action in which that counterclaim is the basis of the complaint."

Federal court rules fear of contamination sufficient for standing in RCRA citizen complaint

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 21 2011

According to a federal court in Tennessee, fear that contamination will pose a threat to public health or the environment is sufficient for standing in a citizen suit under RCRA