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BLM grazing regulations ruled invalid

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 17 2010

The Ninth Circuit Court of Appeals has ruled that U.S. Bureau of Land Management (BLM) grazing regulations are invalid because they violate the Endangered Species Act (ESA) and NEPA

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

FIFRA: Eighth Circuit rules statute contains no private cause of action

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

The Eighth Circuit Court of Appeals has upheld a U.S. District Court for the District of Minnesota decision that FIFRA does not provide a private cause of action to those allegedly injured as a result of a manufacturer’s violation of FIFRA’s labeling requirements

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

Seventh Circuit finds carrier properly denied coverage for waste ash cleanup due to insufficient property description

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 26 2010

The Seventh Circuit Court of Appeals has ruled that a property must be precisely described for coverage to attach under an environmental liability insurance policy