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Results: 1-10 of 87

U.S. Fifth Circuit vacates EPA's disapproval of Texas's flexible permit program
  • Gardere
  • USA
  • August 15 2012

In a split decision, a panel of the 5th U.S. Circuit Court of Appeals held on Monday that the U.S. Environmental Protection Agency's (EPA) rejection of Texas' Flexible Permit program (Program) in 2010 violated the federal Clean Air Act (CAA


EPA storm water discharge rule vacated
  • Gardere
  • USA
  • June 30 2008

The United States Court of Appeals for the Ninth Circuit vacated the EPA rule that exempted discharges of sediment from oil and gas construction activities that contribute to violations of water quality standards from the permitting requirements of the Clean Water Act (“CWA”


Gardere submits amicus brief for the American Chemistry Council
  • Gardere
  • USA
  • October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure


Sixth Circuit rules CERCLA contribution claim may not be based on administrative order
  • Gardere
  • USA
  • November 16 2007

The Sixth Circuit has ruled that an EPA administrative order entered into under section 122(a) cannot form the basis for a section 113 CERCLA contribution action


CERCLA: no superfund contribution for a PRP with unresolved liability
  • Gardere
  • USA
  • November 16 2007

In another post-Aviall ruling, the U.S. District Court for the Northern District of Indiana barred the City of Gary, Indiana from bringing a contribution claim under section 113 of CERCLA before completely settling its liability with the government


Clean Water Act: the Ninth Circuit expands Rapanos
  • Gardere
  • USA
  • November 16 2007

The Ninth Circuit has expanded the reach of Rapanos to include seasonally intermittent streams


CERCLA: no liability for shareholder with daily involvement in company
  • Gardere
  • USA
  • November 16 2007

In New York v. BB&S Treated Lumber Corp., E.D.N.Y. (No. 02-1358, 93007), the U.S. District Court for the Eastern District of New York recently held that a shareholder was not liable for cleanup costs of a contaminated site even though the shareholder was involved in the daily operations of the company


D.C. Circuit overturns EPA mercury emissions rules
  • Gardere
  • USA
  • February 26 2008

On Feb. 8, 2008, the D.C. Circuit vacated two EPA rules that would have regulated mercury emissions by coal-fired and oil-fired power plants using performance standards and a cap and trade program


District court further outlines arranger liability under CERCLA, TSWDA
  • Gardere
  • USA
  • July 1 2009

In Celanese v. Coastal Water Authority, No. 06-CV-2265 (S.D. Tex. April 13, 2009) the Southern District of Texas issued an opinion that further defines the scope of liability under the Texas Solid Waste Disposal Act's cost-recovery scheme


The Corps, not EPA, has authority to issue CWA fill permits
  • Gardere
  • USA
  • July 1 2009

In this case, environmental groups sued the Army Corps of Engineers (Corps) to stop the permitted filling of a lake in Alaska with mining waste by arguing that authority to issue CWA Section 404 permits is vested in EPA, not the Corps