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Court rules purchaser of remediated site not a potentially responsible party

Shook Hardy & Bacon LLP
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USA
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April 19 2013

A federal magistrate in Texas has recommended the dismissal of claims filed under the Comprehensive Environmental Response, Compensation, and

California Appeals Court overturns water and sewer project approval

Shook Hardy & Bacon LLP
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USA
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March 8 2013

A California appeals court has ruled that the City of Santa Cruz improperly certified the extension of water and sewer services to support an

Forest service proposes details for new forest management plan procedures

Shook Hardy & Bacon LLP
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USA
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March 1 2013

The U.S. Forest Service published notice on February 27, 2013, that it had developed guidelines for implementing its 2012 land management planning

Developer cleared to pursue takings claim related to wetland permitting

Shook Hardy & Bacon LLP
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USA
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January 25 2013

The Federal Circuit Court of Appeals has ruled that a developer may pursue a claim that the U.S. Army Corps of Engineers (Corps) took the developer's

Ninth Circuit upholds asbestos conviction and four-year sentence for developer

Shook Hardy & Bacon LLP
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USA
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January 18 2013

The Ninth Circuit Court of Appeals has upheld a four-year prison sentence for a developer convicted of removing asbestos illegally. United States v

Ninth Circuit revives challenges to Nevada housing project

Shook Hardy & Bacon LLP
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USA
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October 19 2012

The Ninth Circuit Court of Appeals has reversed a decision dismissing challenges to regulatory approvals for a Nevada housing project and thus reinstated the claims

Owners of downgradient property not liable under CERCLA

Shook Hardy & Bacon LLP
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USA
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October 5 2012

A federal court in New York has absolved from liability under the Comprehensive Environmental Response, Compensation, and Liability Act owners of property adjacent to a church from which groundwater containing contaminants had migrated

Environmental groups sue USFs over spent lead ammunition on public lands

Shook Hardy & Bacon LLP
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USA
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September 21 2012

Several environmental groups have sued the U.S. Forest Service (USFS) to limit the disposal of spent lead ammunition on public lands in northern Arizona

Federal court dismisses Hurricane Katrina global warming lawsuit

Shook Hardy & Bacon LLP
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USA
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March 30 2012

A federal court in Mississippi has dismissed with prejudice a lawsuit filed by property owners against several insurers and oil companies, alleging that defendants’ activities contributed to global warming that ultimately led to conditions which caused Hurricane Katrina and the resulting damage

Texas Supreme Court rules groundwater rights are property rights

Shook Hardy & Bacon LLP
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USA
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March 9 2012

In a unanimous decision, the Texas Supreme Court has held that “land ownership includes an interest in groundwater in place that cannot be taken for public use without adequate compensation”