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West virginia sues EPA over mountaintop mining guidance

Shook Hardy & Bacon LLP
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USA
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October 15 2010

West Virginia has filed a lawsuit against EPA seeking to overturn the agency's April 2010 guidance that clarified existing requirements of the Clean Water Act's (CWA's) section 402 and 404 permitting programs as they apply to pollution from surface coal mining operations in streams and wetlands

BLM decision to allow Wyoming oil and gas operations upheld

Shook Hardy & Bacon LLP
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USA
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October 15 2010

A federal court in the District of Columbia has upheld a record of decision (ROD) issued by the Department of Interior's Bureau of Land Management (BLM) allowing oil and gas exploration in western Wyoming

Seventh Circuit reverses jury verdict against power plant

Shook Hardy & Bacon LLP
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USA
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October 22 2010

The Seventh Circuit Court of Appeals has reversed the judgment entered on a verdict rendered by a jury which determined that owners of a number of coal-fired power plants in the Midwest violated the Clean Air Act by making modifications to a plant in Indiana without obtaining a permit

Federal court dismisses challenge to tar sands pipelines

Shook Hardy & Bacon LLP
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USA
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October 29 2010

A federal judge in Minnesota has dismissed with prejudice a lawsuit filed by environmental groups challenging the construction of two pipelines from Alberta, Canada, to Superior, Wisconsin

Coal association sues EPA over mountaintop mining permitting requirements

Shook Hardy & Bacon LLP
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USA
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October 29 2010

The Kentucky Coal Association has sued EPA, alleging that the agency's permitting requirements for mountaintop mining, which were announced in April 2010, are arbitrary and capricious and violate the Administrative Procedure Act (APA) and Clean Water Act

Federal court strikes down DOI offshore drilling safety requirements

Shook Hardy & Bacon LLP
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USA
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October 29 2010

A federal judge in Louisiana has ruled that the US Department of Interior (DOI) exceeded its authority when it implemented stricter safety procedures for offshore drilling operators in the Gulf of mexico

Ninth Circuit finds jurisdiction in US to hear Peruvian pollution case

Shook Hardy & Bacon LLP
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Peru, USA
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December 17 2010

The Ninth Circuit Court of Appeals has ruled that an American oil company and its Peruvian subsidiary must defend themselves in a U.S. district court in California in a class-action water-pollution lawsuit brought by 25 members of the Achuar indigenous group and Amazon Watch, seeking damages for contamination in Peru allegedly caused by defendants over three decades

Fifth Circuit reverses approval of power plant construction permit

Shook Hardy & Bacon LLP
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USA
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December 17 2010

The Fifth Circuit Court of Appeals has reversed a district court's decision approving the issuance of a construction permit to build a 900-megawatt coal-fired power plant in Riesel, Texas

DOE ordered to pay utilities $10.6 million for breach of nuclear waste disposal contracts

Shook Hardy & Bacon LLP
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USA
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December 17 2010

A federal court in Kansas has ordered the U.S. Department of Energy (DOE) to pay three Kansas utilities $10.6 million for breach of contracts for the disposal of nuclear waste from the Wolf Creek Nuclear Generating Station in Coffey County, Kansas. Kan

Federal court orders DOI to reconsider New Mexico mining permit

Shook Hardy & Bacon LLP
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USA
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November 12 2010

A federal judge in Colorado has vacated a coal mining permit issued by the U.S. Department of Interior’s (DOI) Office of Surface Mining Reclamation and Enforcement and ordered the agency to reconsider the matter