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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

Shipping company to pay $725,000 for failure to report oily waste discharges

Shook Hardy & Bacon LLP
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USA
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June 11 2010

A federal judge has ordered a Turkish shipping company to pay a $725,000 fine for failing to report illegal oil discharges through a "magic pipe" onboard a contracted tanker vessel

Louisiana vessel owner pleads guilty to ocean dumping

Shook Hardy & Bacon LLP
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USA
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August 6 2010

A Louisiana vessel owner has reportedly pleaded guilty to knowingly discharging waste oil from one of its vessels in violation of the Act to Prevent Pollution from Ships (Act) and has agreed to pay a $1.75 million criminal fine and remit a payment of $350,000 to the National Marine Sanctuary Foundation

Shipping company ordered to pay $850,000 for ocean dumping and falsifying records

Shook Hardy & Bacon LLP
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USA
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August 13 2010

A federal judge in California has ordered the operator of a Marshall Islands-flagged vessel to pay $850,000 for ocean dumping and falsifying on-board oil discharge records

Air: DC Circuit denies challenge to state non-road engine emissions rule

Shook Hardy & Bacon LLP
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USA
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April 16 2010

The DC Circuit Court of Appeals has denied a petition for review filed by the American Trucking Associations challenging California's rule imposing emissions standards on refrigeration units in trucks

Texas high court rules federal bus safety standards have no preemptive effect

Shook Hardy & Bacon LLP
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USA
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January 6 2011

The Texas Supreme Court has determined that federal safety standards not requiring passenger seatbelts in motorcoaches and standards giving manufacturers window glazing material options do not preempt state law claims arising from a rollover accident that killed and injured a number of passengers

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

Shook Hardy & Bacon LLP
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USA
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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

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

Ninth Circuit reverses denial of class certification in vehicle defect cases

Shook Hardy & Bacon LLP
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USA
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September 2 2010

The Ninth Circuit Court of Appeals has concluded that common issues of law predominate in two putative class actions alleging a steering alignment defect in Land Rover LR3 vehicles, which defect purportedly manifested in uneven and premature tire wear

South Carolina adopts risk-utility standard for design defect claims

Shook Hardy & Bacon LLP
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USA
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September 2 2010

The South Carolina Supreme Court has decided to adopt a risk-utility test for plaintiffs bringing design defect claims and will require a showing of a reasonable alternative design to hold a manufacturer strictly liable for harm caused by the alleged defective design

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