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Results: 1-10 of 117

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."

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

Clean Water Act: federal court rules injunctive relief appropriate for selenium discharges

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 25 2010

A federal judge in West Virginia has ruled that injunctive relief is appropriate in a citizens suit by a coalition of environmental groups over alleged selenium discharges from a mountaintop removal operation

Greenhouse gases: group sues EPA seeking regulation of GHG emissions from aircraft, ships and nonroad engines

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 25 2010

A coalition of environmental groups has sued EPA in federal court seeking an order requiring the agency to regulate greenhouse gas (GHG) emissions from aircraft, ships and nonroad engines

Beef-processing plant to settle CWA violations

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

A Washington state beef-processing plant has reportedly agreed to settle alleged Clean Water Act (CWA) violations for a $750,000 civil penalty and the installation of $3 million in new wastewater treatment equipment

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

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

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

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

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: 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