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Results: 1-10 of 790

D.C. Circuit rules EPA must require monitoring for PM2.5 in permitting actions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 1 2013

The D.C. Circuit Court of Appeals has remanded portions of the U.S. Environmental Protection Agency's (EPA's) rules under the Clean Air Act (CAA

State agency should address issues raised by RCRA class action, federal court finds

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 13 2012

A federal court in Oklahoma has dismissed a Resource Conservation and Recovery Act (RCRA) putative class action against Halliburton Co. for allegedly exposing a town’s residents to nuclear waste and other hazardous substances, finding that the state environmental agency should address the issues in the case

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

Defective notice dooms RCRA citizen suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 29 2011

The Second Circuit Court of Appeals has affirmed the dismissal of a RCRA citizen suit against Omya, Inc. for failure to meet RCRA’s notice requirements

Federal court rejects Canadian mining company’s divisibility defense in CERCLA lawsuit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 20 2012

A federal court in Washington state has rejected a Canadian mining company’s defense of divisibility in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit

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

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

Sixth Circuit finds Michigan bottle bill unconstitutional

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 14 2012

The Sixth Circuit Court of Appeals has held that part of Michigan’s bottle and can recycling bill is unconstitutional

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

Defendants in RCRA lawsuit may not pursue CERCLA contribution claim

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 10 2011

A federal court in California has ruled that defendants in a RCRA lawsuit who are not defendants in a CERCLA action may not pursue CERCLA contribution claims against other potentially responsible parties (PRPs