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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


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


OEHHA Takes Emergency Measure on Prop. 65 Warnings for BPA Exposure
  • Shook Hardy & Bacon LLP
  • USA
  • March 18 2016

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed an emergency action to


Seventh Circuit rules CERCLA costs not recoverable for cleanups at car accident sites
  • Shook Hardy & Bacon LLP
  • USA
  • February 10 2012

The Seventh Circuit Court of Appeals has ruled that the billing agent for a local fire department may not recover, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCL A), costs incurred at automobile accident sites because personal vehicles are excluded from CERCL A’s definition of “facility.”


Environmental Groups Sue FDA over GE Salmon Approval
  • Shook Hardy & Bacon LLP
  • USA
  • April 8 2016

Food and Water Watch, the Center for Food Safety, Friends of the Earth and other consumer and environmental groups have filed a lawsuit against the U


Federal court finds Colorado coal plant violated MACT standards
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A federal court in Colorado has determined that a coal-fired power plant violated Clean Air Act (CAA) requirements when the U.S. Environmental Protection Agency’s (EPA’s) regulatory regime changed as a result of challenges to EPA regulations


Federal court rules EPA has discretionary authority to intervene in state regulatory policy
  • Shook Hardy & Bacon LLP
  • USA
  • May 11 2012

A federal court in New Jersey has dismissed a lawsuit seeking to force the U.S. Environmental Protection Agency (EPA) to intervene in the New Jersey Department of Environmental Protection’s (NJDEP) regulation of stormwater runoff into the Delaware River


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


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


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