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Results: 1-10 of 117

CERCLA: federal court upholds joint and several liability ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 21 2010

A federal judge in California has ruled that Burlington Northern & Santa Fe Railway Co. v. U.S., 129 S. Ct. 1870 (2009), did not change existing law regarding joint and several liability under CERCLA

Fifth Circuit upholds EPA’s Phase III cooling water intake rule

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 6 2010

The Fifth Circuit Court of Appeals has upheld EPA's Phase III cooling water intake rule which regulates existing small power plants and other existing facilities in industries such as pulp and paper, chemicals, petroleum and coal products, and primary metals

Federal court rules RCRA suit barred by CERCLA

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 14 2010

A federal judge in California has ruled that the city of Fresno may not pursue a RCRA claim against the federal government for cleanup of a former military installation

Tenth Circuit reverses Rocky Flats class action over jury instructions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions

Administrative Procedure ActRCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 27 2010

The Tenth Circuit Court of Appeals has determined that EPA can revise a tentative interpretation governing the handling of magnesium waste without conducting a formal rulemaking

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."

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

CERCLARCRA: federal court dismisses claims for failure to file amended complaint

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

A federal judge in Michigan has dismissed several claims after plaintiffs failed to obey a court order to amend the complaint and provide more details about facts and costs related to remediation of contamination and response costs at a food manufacturing facility

FIFRA: D.C. Circuit reverses district court dismissal for lack of jurisdiction

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 23 2010

The U.S. Court of Appeals for the District of Columbia Circuit has reversed a district court ruling that found no subject matter jurisdiction in a complaint related to an EPA risk mitigation decision (RMD

NEPA: federal court rules proposed beltway not in violation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2010

A federal judge in North Carolina has ruled that a proposed beltway in Winston-Salem does not violate NEPA