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Results: 1-10 of 104

Second Circuit declines to re-consider standard for prosecutions of corporations

  • Day Pitney LLP
  • -
  • USA
  • -
  • February 10 2009

On January 20, 2009, the Second Circuit affirmed the conviction of Ionia Management, S.A. (“Ionia”) for the criminal acts of its non-management employees

Two U.S. Supreme Court rulings pave the way, maybe

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 5 2007

On April 2, 2007, the Supreme Court ruled in a 5-4 decision (Massachusetts, et al. v. Environmental Protection Agency et al.) that the U.S. Environmental Protection Agency (EPA) had a duty to regulate carbon dioxide (CO2) and three other greenhouse gases (GHGs) as air pollutants under the federal Clean Air Act (CAA) unless it could find better support to justify its decision than it articulated to the court

Pollution

  • Reed Smith LLP
  • -
  • European Union
  • -
  • October 31 2007

In Commission of the European Communities v Council of the European Union (C-44005) the European Court of Justice (Grand Chamber) annulled the ship-source pollution framework decision, holding that a decision to set minimum penalties for shipping pollution should have been taken according to transport provisions, rather than justice, over which Member States have a veto

Diesel emissions California

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 31 2007

In Pacific Merchant Shipping Association v Cackette, 9th Cir, No 07-16695, 23.10.07 a federal appeals court lifted an injunction blocking California from requiring marine vessels to use cleaner burning fuels to power auxiliary engines, pending the appeal of a trial court decision that concluded the Clean Air Act pre-empted the requirement

Court rejects revised fuel economy standards for light trucks

  • Alston & Bird LLP
  • -
  • USA
  • -
  • November 16 2007

The U.S. Court of Appeals for the Ninth Circuit has rejected revised fuel economy standards by the National Highway Traffic Safety Administration (NHTSA) for light duty trucks (including SUVs and pickups), holding that the standards failed to address the benefits of carbon dioxide emissions reductions (Center for Biological Diversity v. National Highway Transportation Safety Administration, Case No. 06-71891 (9th Cir., November 15, 2007

Ninth Circuit says EPA must regulate marine discharges, including ballast water

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 29 2008

Plaintiffs Northwest Environmental Advocates, San Francisco Baykeepers, and The Ocean Conservancy (“plaintiffs”) challenged a regulation originally promulgated by the Environmental Protection Agency (“EPA”) in 1973 exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act (“CWA”

Exxon Valdez

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 30 2008

A judgment of the U.S. Supreme Court dated 25th June cut the punitive damages award from the Valdez spill and placed stiff limits on such awards based on U.S. maritime law

Court dismisses lawsuit challenging Michigan ballast water

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 30 2007

A U.S. District Court in Michigan recently upheld a state law regulating ballast water discharges from oceangoing ships, dismissing a lawsuit by an industry group that claimed the law was unconstitutional and preempted by federal legislation

“Polluter pays” principle applied by ECJ

  • McDermott Will & Emery
  • -
  • European Union, France
  • -
  • June 27 2008

In an action brought by the municipality of Mesquer under the European Union's Waste Directive for the pollution caused by the oil tanker Erika, which sank off the coast of Brittany in 1999, the French Supreme Court referred certain questions of EU law to the European Court of Justice (ECJ

Ship Source Pollution Directive

  • Reed Smith LLP
  • -
  • European Union
  • -
  • June 30 2008

In International Association of Independent Tanker Owners (Intertanko) v Secretary of State for Transport (C-30806 ECJ, Grand Chamber, 3rd June 2008), the ECJ has upheld the validity of the EU’s Directive 200535 on ship-source pollution, holding that it cannot be assessed either in light of the International Convention for the Prevention of Pollution from Ships as supplemented by the Marpol Protocol 7378, or in the light of the United Nations Convention on the Law of the Sea

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