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Results: 1-10 of 790

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

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

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

Third Circuit upholds criminal convictions for environmental and worker safety violations

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 28 2012

The Third Circuit Court of Appeals has upheld the convictions and sentencing of a New Jersey pipe manufacturer and four managers for multiple violations of environmental and worker safety laws

USDA sued over refusal to allow agency employees to testify

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 20 2011

Sierra Pacific Industries (SPI) has sued the U.S. Department of Agriculture (USDA) over the agency’s refusal to allow U.S. Forest Service employees to testify in a lawsuit seeking up to $1 billion in damages allegedly caused by a 2007 forest fire

SCOTUS reverses RCRA criminal penalty based on Sixth Amendment jury-trial guarantee

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 22 2012

The U.S. Supreme Court has reversed a First Circuit decision that imposed an $18-million criminal fine under the Resource Conservation and Recovery Act (RCRA) on Southern Union Co., ruling 6-3 that the Sixth Amendment reserves to juries the determination of any fact, other than a prior conviction, that increases a criminal defendant’s maximum potential sentence

Fourth Circuit upholds CERCLA allocation benefiting brownfield purchaser

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 19 2013

The Fourth Circuit Court of Appeals has affirmed a trial court's allocation of response costs under the Comprehensive Environmental Response

Hawaiian dry dock owner to pay $710,000 to resolve Clean Water Act claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 12 2013

The U.S. Department of Justice has lodged a proposed consent decree to resolve allegations that a Hawaiian ship repair facility and dry dock operator

Divided en banc Ninth Circuit finds Forest Service violated ESA in approving mining in national forest

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 15 2012

The Ninth Circuit Court of Appeals has determined in a divided (7-4) en banc ruling that the U.S. Forest Service (USFS) violated the Endangered Species Act (ESA) when it approved recreational gold mining along the Klamath River in a national forest without consulting with fish and wildlife agencies

Legal malpractice: real estate developer alleges law firm failed to conduct environmental due diligence

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

A real estate developer has sued a Louisiana-based law firm alleging that the firm failed to perform an environmental assessment which would have revealed that land it purchased for development was part of a World War II-era bombing range