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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

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

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

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

NEPA: Ninth Circuit rules BLM failed to take hard look at cumulative impacts of mine-exploration expansion on tribal lands

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

The Ninth Circuit Court of Appeals has ordered a district court to reconsider whether the cumulative impact of a proposed expansion to a mine exploration project in Nevada requires a new environmental impact statement (EIS) under NEPA

Enforcement: DOJ’s environmental division details FY2009 litigation accomplishments

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 30 2010

DOJ's Environmental and Natural Resources Division issued its annual report titled "Summary of Litigation Accomplishments: Fiscal Year 2009" on April 22, 2010

Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard

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

The Tenth Circuit Court of Appeals has ruled that toxic tort plaintiffs in New Mexico must demonstrate that their alleged injuries would not have occurred "but for" the defendants' act

Greenhouse gases: cases challenging EPA’s endangerment finding held in abeyance

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

In light of petitions for reconsideration pending before EPA, the D.C. Circuit Court of Appeals has denied Virginia’s motion to remand to EPA to adduce further evidence on its endangerment findingi.e., that greenhouse gas (GHG) emissions from cars and light trucks endanger public health and welfare

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

Endangered Species Act: federal court reinstates protection for gray wolf

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

A federal judge in Montana has reinstated Endangered Species Act (ESA) protection for gray wolves in the northern Rocky Mountains

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

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