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Results: 1-10 of 89

D.C. Circuit says EPAs "transport" rule violates Clean Air Act
  • Gardere
  • USA
  • August 23 2012

August has been a bad month for the EPA in the nation’s federal appellate courts


Defendants win “round one” of climate change fight in United States Supreme Court
  • Gardere
  • USA
  • August 17 2011

In American Electric Power Co. v. Connecticut, the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases were displaced by the Clean Air Act and EPA’s regulatory implementation of the Act’s provisions


9th Circuit requires EPA to set storm water runoff limits for construction activities
  • Gardere
  • USA
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009


Structure of real estate deals key to determining CERCLA liability
  • Gardere
  • USA
  • October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA


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


CERCLA: court rejects innocent landowner defense for developer who worsened contamination
  • Gardere
  • USA
  • March 20 2008

In U.S. v. Honeywell International, Inc., the U.S. District Court for the Eastern District of California held that a developer who had no reason to know of contamination is nevertheless liable for disposing of hazardous substances under CERCLA because the developer performed excavation activities that worsened the contamination


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