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

Shook Hardy & Bacon LLP
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USA
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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

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

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

Shook Hardy & Bacon LLP
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USA
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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."

TSCA: Eleventh Circuit upholds regulations requiring lead warning statements by residential property lessors

Shook Hardy & Bacon LLP
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USA
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August 13 2010

The Eleventh Circuit Court of Appeals has upheld regulations under TSCA and the Lead-Based Paint Hazard Reduction Act of 1992, requiring lessors of residential property built before 1978 to put a specifically worded "Lead Warning Statement" in the property's lease and affirmatively disclose either that lead-based paint is present on the property or that the lessor has no knowledge of such paint

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

Wetlands: federal court finds either Rapanos test valid to establish CWA jurisdiction

Shook Hardy & Bacon LLP
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USA
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September 24 2010

A federal judge in Delaware has ruled that either the plurality or concurrence standards in Rapanos v. U.S., 547 U.S. 715 (2006), may be used to establish Clean Water Act (CWA) jurisdiction in wetlands enforcement cases

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

Shook Hardy & Bacon LLP
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USA
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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

Waste: EPA agrees to revisit environmental justice aspects of solid-waste definition

Shook Hardy & Bacon LLP
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USA
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September 24 2010

Under a settlement agreement with the Sierra Club, EPA has agreed to revisit a rule titled “Revisions to the Definition of Solid Waste,” 73 Fed. Reg. 64,668 (103008), to address environmental justice issues raised in the organization’s 2009 petition

Toxic tort: families sue over alleged contamination from hydraulic fracturing

Shook Hardy & Bacon LLP
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USA
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September 24 2010

Thirteen families in rural Pennsylvania have filed a lawsuit against a natural gas exploration and production company alleging that its hydraulic fracturing operations have contaminated their properties and water wells and are exposing them to hazardous chemicals

Tort: corp’s contractor not eligible for government-contractor immunity in Katrina lawsuit

Shook Hardy & Bacon LLP
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USA
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September 24 2010

The Fifth Circuit Court of Appeals has ruled that a contractor retained by the U.S. Army Corps of Engineers (Corps) is not immune from liability in a lawsuit seeking damages for work it performed around a floodwall that failed during Hurricane Katrina

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