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National Forest Management ActNEPA: ban on old growth logging reversed, Forest Service found in compliance with law

Shook Hardy & Bacon LLP
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USA
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August 27 2010

A split Ninth Circuit Court of Appeals panel has reversed a district court injunction that halted a U.S. Forest Service (FS) plan for logging in an old growth forest area in Oregon

NEPA: D.C. Circuit rules Sierra Club lacks standing to challenge rail merger

Shook Hardy & Bacon LLP
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USA
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June 25 2010

The D.C. Circuit Court of Appeals has upheld a Surface Transportation Board decision that a merger between the Canadian Pacific Railway Corp. and Dakota Minnesota & Eastern Railroad Corp. (DM&E) may proceed despite the lack of an environmental impact study (EIS) under NEPA

BLM grazing regulations ruled invalid

Shook Hardy & Bacon LLP
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USA
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September 17 2010

The Ninth Circuit Court of Appeals has ruled that U.S. Bureau of Land Management (BLM) grazing regulations are invalid because they violate the Endangered Species Act (ESA) and NEPA

Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Tenth Circuit Court of Appeals has ruled that toxic tort plaintiffs in New Mexico must demonstrate that their alleged injuries would not have occurred "but for" the defendants' act

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

Greenhouse gases: lawsuit challenges Washington State executive order to reduce GHG emissions

Shook Hardy & Bacon LLP
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USA
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July 30 2010

The Evergreen Freedom Foundation Constitutional Law Center has filed a lawsuit on behalf of six state residents in a Washington state court to challenge an executive order issued by Governor Christine Gregoire (D) on May 21, 2010, directing state agencies to reduce greenhouse gas (GHG) emissions

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

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

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

CERCLA: Ninth Circuit defines “owner” for cleanup cost liability

Shook Hardy & Bacon LLP
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USA
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July 30 2010

In a question of first impression, the Ninth Circuit Court of Appeals has determined that "owner and operator" status under CERCLA is ascertained as of the time cleanup costs are incurred and not when a recovery suit seeking reimbursement is filed