We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 117

Legal malpractice: real estate developer alleges law firm failed to conduct environmental due diligence

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

A real estate developer has sued a Louisiana-based law firm alleging that the firm failed to perform an environmental assessment which would have revealed that land it purchased for development was part of a World War II-era bombing range

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

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."

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

Endangered Species Act: homebuilders sue DOI over interpretation of listing decision

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 11 2010

A homebuilders association has sued the Department of the Interior (DOI) and the Fish and Wildlife Service (FWS) over the agencies' interpretation of criteria used to list a species as endangered or threatened under the Endangered Species Act (ESA

National Forest Management ActNEPA: ban on old growth logging reversed, Forest Service found in compliance with law

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

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

Toxic tort: families sue over alleged contamination from hydraulic fracturing

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