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Results: 1-10 of 1,449

Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants
  • Shook Hardy & Bacon LLP
  • USA
  • September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense


CERCLA’s bar on pre-enforcement review applies to cleanup of former DOD site
  • Shook Hardy & Bacon LLP
  • USA
  • April 8 2011

A federal court in Kansas has ruled that the CERCLA bar on pre-enforcement review applies to a lawsuit challenging an ongoing cleanup conducted under a program to address a former U.S. Department of Defense (DOD) site


EPA memorandum clarifies need for approval of time-critical removal actions
  • Shook Hardy & Bacon LLP
  • USA
  • March 8 2013

A U.S. Environmental Protection Agency (EPA) memorandum establishes procedures that apply to the circumstances under which EPA regional offices must


Louisiana Supreme Court reverses class certification ruling in rail car leak case
  • Shook Hardy & Bacon LLP
  • USA
  • March 23 2012

The Louisiana Supreme Court has reversed a lower court’s certification of a class of plaintiffs who alleged they were exposed to ethyl acrylic fumes from a railroad tank car leak


Ninth Circuit holds agencies cannot amend rules through court settlements
  • Shook Hardy & Bacon LLP
  • USA
  • May 10 2013

The Ninth Circuit Court of Appeals has vacated a consent decree that provided a remedy in a challenge to the Northwest Forest Plan (NFP), a forest


U.S. Supreme Court rules CWA compliance order is final agency action
  • Shook Hardy & Bacon LLP
  • USA
  • March 23 2012

The U.S. Supreme Court has ruled in a unanimous decision that a compliance order issued by the U.S. Environmental Protection Agency (EPA) under section 309 of the Clean Water Act (CWA) is final agency action under the Administrative Procedure Act (APA) and is therefore subject to judicial review


Study claims to link heavy diesel-exhaust exposure to lung cancer
  • Shook Hardy & Bacon LLP
  • USA
  • March 16 2012

A recent National Cancer Institute (NCI) study concludes that heavy exposure to diesel exhaust increases the risk of death from lung cancer


Defendants in RCRA lawsuit may not pursue CERCLA contribution claim
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

A federal court in California has ruled that defendants in a RCRA lawsuit who are not defendants in a CERCLA action may not pursue CERCLA contribution claims against other potentially responsible parties (PRPs


Maryland enacts law on liability for damage caused by oil and gas drilling
  • Shook Hardy & Bacon LLP
  • USA
  • June 8 2012

Maryland Governor Martin O’Malley (D) signed legislation (H.B. 1123) on May 22, 2012, establishing a presumption that water-supply contamination in an area around a gas well is caused by the gas exploration or production activity unless the driller rebuts the presumption by “a preponderance of the evidence.”


EPA approves five new alternatives to ozone-depleting chemicals
  • Shook Hardy & Bacon LLP
  • USA
  • May 31 2013

The U.S. Environmental Protection Agency (EPA) published a determination of acceptability on May 17, 2013, identifying five new substitutes for