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Prop. 65: lawsuit targets fish oil supplements containing PCBs

Shook Hardy & Bacon LLP
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USA
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March 12 2010

Environmental and public health groups have sued eight manufacturers and retailers of fish oil supplements sold in California under the state Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) alleging that the fish oil supplements contain high levels of polychlorinated biphenyls (PCB) and require warning labels

Ninth Circuit upholds conviction of corporate officer for knowledge plus participation

Shook Hardy & Bacon LLP
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USA
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March 12 2010

The Ninth Circuit Court of Appeals has ruled that a corporate officer may be prosecuted for illegal hazardous waste storage if the officer knew of the illegal storage and directly participated in the conduct that violated RCRA

Seventh Circuit finds carrier properly denied coverage for waste ash cleanup due to insufficient property description

Shook Hardy & Bacon LLP
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USA
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March 26 2010

The Seventh Circuit Court of Appeals has ruled that a property must be precisely described for coverage to attach under an environmental liability insurance policy

NEPAwater resources: federal court upholds injunction in water supply project lawsuit

Shook Hardy & Bacon LLP
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USA
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March 19 2010

A federal judge in the District of Columbia has upheld an injunction preventing the completion of the Northwest Area Water Supply Project until the U.S. Department of Interior’s Bureau of Reclamation (Bureau) completes an adequate environmental impact statement (EIS) that takes a “hard look” at the cumulative impact of water withdrawal and invasive species issues

Enforcement: federal jury finds Pennsylvania Dep employees liable for unfair enforcement actions

Shook Hardy & Bacon LLP
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USA
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March 19 2010

A federal jury in Pennsylvania has reportedly awarded MFS, Inc. of Bethlehem, a now-defunct manufacturer of industrial insulation and ceiling tiles, $6.5 million after finding that four Pennsylvania Department of Environmental Protection (DEP) employees retaliated against the company in a series of enforcement actions

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

Shook Hardy & Bacon LLP
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USA
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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

Chief engineer pleads guilty to ocean dumping

Shook Hardy & Bacon LLP
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USA
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May 14 2010

The chief engineer of an ocean-going ship that transported cargo between various ports in Asia and the United States has reportedly pleaded guilty in federal court to violating an international treaty and the federal Act to Prevent Pollution from Ships

Beef-processing plant to settle CWA violations

Shook Hardy & Bacon LLP
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USA
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May 14 2010

A Washington state beef-processing plant has reportedly agreed to settle alleged Clean Water Act (CWA) violations for a $750,000 civil penalty and the installation of $3 million in new wastewater treatment equipment

Federal court rules RCRA suit barred by CERCLA

Shook Hardy & Bacon LLP
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USA
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May 14 2010

A federal judge in California has ruled that the city of Fresno may not pursue a RCRA claim against the federal government for cleanup of a former military installation

EPA’s approval of proposed state water quality standards set aside

Shook Hardy & Bacon LLP
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USA
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May 14 2010

A federal judge has set aside EPA's 2008 approval of Washington's water quality standards