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Results: 1-10 of 116

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

CERCLARCRA: federal court dismisses claims against manufacturer based on useful product defense

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 2 2010

A federal judge in California has dismissed a contribution claim and other claims against the manufacturers of a dry cleaning machine that required the disposal of hazardous wastewater to operate properly

CERCLA: federal court rules EPA cost recovery lawsuit barred under compulsory counterclaim rule

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

A federal judge in California has ruled that CERCLA cost recovery claims involving perchlorate and trichloroethylene contamination of the Rialto-Colton Groundwater Basin are subject to Federal Rule of Civil Procedure 13(a), which "bars a party who failed to assert a compulsory counterclaim in one action from instituting a second action in which that counterclaim is the basis of the complaint."

Coastal Zone Mgmt. Act: Fifth Circuit affirms dismissal of challenge to wind farm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 2 2010

The Fifth Circuit Court of Appeals has upheld a district court decision allowing the construction of a coastal wind farm to proceed without an environmental consistency review or public comment

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

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • 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

Missouri company fined for illegal sales of HCFC-22

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 26 2010

A federal judge in Florida has reportedly sentenced a Missouri company to probation and imposed more than $1 million in fines and forfeiture for buying and selling "black market" hydrochloro-fluorocarbon-22 (HCFC-22) that was smuggled into the United States

CERCLA: Fifth Circuit reverses district court on allocation formula

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 18 2010

The Fifth Circuit Court of Appeals has determined that a district court improperly relied on site valuation reports prepared as part of settlement negotiations in estimating the total volume of waste at a Texas CERCLA site

Toxic tort: federal court rejects affirmative defenses in exposure lawsuit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 13 2010

A federal judge in Arkansas has granted a partial summary judgment to plaintiffs in a toxic tort lawsuit, thereby rejecting four affirmative defenses

Endangered Species Act: Fifth Circuit denies challenge to permit allowing rail link to limestone quarry

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 16 2010

The Fifth Circuit Court of Appeals has denied the Medina County Environmental Action Committee’s (MCEAA) petition for review challenging a U.S. Surface Transportation Board (STB) decision permitting Southwest Gulf Railroad Co. to construct and operate a seven-mile rail loop to service a proposed limestone quarry

Air: groups sue EPA over alleged failure to promulgate FIPs to address NAAQS for ozone

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 24 2010

Two environmental groups have sued EPA alleging that the agency has failed to promulgate federal implementation plans (FIPs) to address national ambient air quality standards (NAAQS) for ozone in some non-compliant states and failed to take final action on state implementation plans (SIPs) for ozone standards in other states