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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

Federal court denies attorney fee award under RCRA, lawsuit was voluntarily dismissed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 14 2011

A federal court in California has denied a motion for attorney's fees under RCRA where defendant was voluntarily dismissed from a case without prejudice

Louisiana Supreme Court reverses class certification ruling in rail car leak case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 23 2012

The Louisiana Supreme Court has reversed a lower court’s certification of a class of plaintiffs who alleged they were exposed to ethyl acrylic fumes from a railroad tank car leak

Federal court strikes insurance policy pollution exclusion

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 21 2012

A federal court in Wisconsin has reformed a 20-year-old insurance agreement, thus striking a so-called “absolute pollution exclusion” provision and potentially providing coverage for cleanup at a third-party site

Federal court determines CERCLA settlement reduces others’ liability by the settling defendant’s proportionate share

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 30 2012

A federal court in California has determined that settlements with individual defendants in cases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should reduce other defendants’ liability by the amount ultimately determined to be the settling defendant’s share, rather than by the amount of the settlement

Administrative Procedure ActRCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 27 2010

The Tenth Circuit Court of Appeals has determined that EPA can revise a tentative interpretation governing the handling of magnesium waste without conducting a formal rulemaking

Fourth Circuit requires state to obtain NPDES permits for abandoned coal mine reclamation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 19 2010

The Fourth Circuit Court of Appeals has upheld an injunction requiring the West Virginia Department of Environmental Protection (WVDEP) to obtain NPDES permits under the Clean Water Act (CWA) for reclamation efforts at abandoned coal mining sites

Sale of transformers for scrap does not result in “arranger liability” under CERCLA

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 8 2011

A federal court in Connecticut has ruled that the sale to a scrap yard of transformers that may contain hazardous substances does not create a rebuttable presumption that the transformers contained polychlorinated biphenyls (PCBs

Eleventh Circuit rejects challenge to court-approved consent decree requiring numeric water quality standards

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 12 2011

The Eleventh Circuit Court of Appeals has dismissed, for lack of standing, intervenors’ appeal of a 2009 district court order approving a consent decree that required EPA to set numeric limits on phosphorous and nitrogen pollution for certain bodies of water in Florida

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