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Results: 1-10 of 7,012

Surviving motions to dismiss and for summary judgment creates rebuttable presumption of reasonableness under EAJA
  • Kelley Drye & Warren LLP
  • USA
  • February 6 2012

The Bureau of Indian Affairs created the Hazardous Fuels Reduction program


Court significantly curtails Ohio EPA’s cost recovery authority
  • Frost Brown Todd LLC
  • USA
  • February 8 2012

On January 18, 2012, the Ohio First District Court of Appeals issued a major decision in an environmental enforcement action, State of Ohio ex rel. DeWine v. Mass Realty, LLC, et al., No. C-110279, 2012-Ohio-146


Excluding chemical risk assessment evidence from the courtroom
  • Epstein Becker Green
  • USA
  • February 7 2012

When governmental or quasi-governmental agencies formulate a chemical risk assessment, it is part of their legitimate exercise of public health, policy-oriented regulation


Aronow v. Minnesota is dismissed: public trust doctrine not extended to the atmosphere in Minnesota
  • McCarter & English LLP
  • USA
  • February 4 2012

We blogged last May and again in December about the tidal wave of litigation set loose by Our Children's Trust, an Oregon environmental group that had orchestrated the filing of a dozen suits asserting the defendant States and the United States had an obligation under the public trust doctrine to restrain carbon dioxide emissions, as well as regulatory petitions in about 40 jurisdictions


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


Ninth Circuit rules city must pay attorney’s fees to prevailing party in CWA citizen suit
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

The Ninth Circuit Court of Appeals has ruled that the City of Seward, Alaska, must pay attorney’s fees to two environmental groups that filed a lawsuit against the city seeking $76 million for allegedly discharging pollutants without proper permits


Ninth Circuit rules California air district rules on agricultural diesel engines not preempted
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

The Ninth Circuit Court of Appeals has ruled that the Clean Air Act (CAA) does not preempt pollution-control rules adopted in 2007 by the Monterey Bay Unified Air Pollution Control District (MBUAPCD), which required registration and annual fees for certain diesel-powered engines used in agricultural operations


Supreme Court denies cert to review CERCLA 106 order due process
  • Taft Stettinius & Hollister LLP
  • USA
  • June 7 2011

The General Electric Company's petition for certiorari to the U.S. Supreme Court to challenge to the authority of EPA to issue CERLCA Section 106 Unilateral Administrative Orders without a prior hearing was denied on June 6


Dismissal of state contribution claim is no bar to federal CERCLA claim
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

A federal court has ruled that dismissal of a lawsuit for contribution under Indiana’s Environmental Legal Action statute does not bar a suit for contribution under CERCLA


California court holds no coverage for Prop 65 case
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • June 15 2011

California’s Proposition 65 of the California Safe Drinking Water and Toxic Enforcement Act of 1965, 25249.5 et seq., is a “remedial statute” which, among other things, requires “businesses to warn individuals about carcinogens and reproductive toxins to which they may be exposed through commercial transactions, employment, and the environment.” Consumer Cause, Inc. v. SmileCare, 91 Cal.App.4th 454 (Cal.App. 2001