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Former company owner may be liable under state law for failing to report dumping by others

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 1 2011

A federal court in New York has ruled that the former owner of a company that leased contaminated property may be liable under the New York Navigation Law for failing to report dumping by others or failing to take remedial action

Federal court vacates ESA counterpart regulations, reversing prior decision

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 17 2012

A federal court in the District of Columbia has reversed a 2006 decision by the same court and vacated the Endangered Species Act (ESA) Joint Counterpart Consultation Regulations for National Fire Plan Projects (Counterpart Regulations

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

Fifth Circuit finds CERCLA recycling exemption no bar to claims under state law

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 25 2011

According to the Fifth Circuit Court of Appeals, the CERCLA exemption of certain recyclers from liability for cleanup costs does not protect battery recyclers from lawsuits under state law

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

EPA agrees to finalize NAAQS for PM-2.5 and ozone for Los Angeles basin

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 18 2011

In a consent decree approved by a federal court in California on February 8, 2011, EPA agreed to finalize nonattainment designations for the 1997 national ambient air quality standards (NAAQS) for fine particulates (PM-2

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

Seventh Circuit rules CERCLA costs not recoverable for cleanups at car accident sites

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 10 2012

The Seventh Circuit Court of Appeals has ruled that the billing agent for a local fire department may not recover, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCL A), costs incurred at automobile accident sites because personal vehicles are excluded from CERCL A’s definition of “facility.”

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

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