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CERCLA: Fifth Circuit reverses district court on allocation formula
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Fifth Circuit Court of Appeals has determined that a district court improperly relied on site valuation reports prepared as part of settlement negotiations in estimating the total volume of waste at a Texas CERCLA site


Wetlands: Ninth Circuit upholds Section 404 permits for business park
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Ninth Circuit Court of Appeals has upheld two dredge-and-fill permits issued to the city of Redding, California, by the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (FWS), clearing the way for the construction of a 678-acre business park


Toxic tort: Third Circuit dismisses putative class actions seeking medical monitoring
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Third Circuit Court of Appeals has affirmed the dismissal of two putative class actions that sought medical monitoring for workers and nearby residents of Pennsylvania factories that used beryllium


Former business owner pleads guilty to illegal storage of hazardous waste
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The former owner of a Beckley, West Virginia, electro-plating shop has reportedly pleaded guilty in federal court to illegally storing hazardous waste material without a permit


Energy: offshore transport company challenges moratorium on deep-water drilling
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

A Louisiana offshore transport company that services deep-water drilling rigs has filed a complaint in federal court seeking to obtain an injunction lifting the recently imposed six-month moratorium on drilling in the Gulf of Mexico at depths greater than 500 feet


Wild and Scenic Rivers Act: federal court vacates NPS finding of no adverse impact
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

A federal judge in Minnesota has vacated a finding by the National Park Service (NPS) that a proposed four-lane bridge over the Lower St. Croix River would not have an adverse effect on the river


Greenhouse gases: states seek to intervene in challenge to GHG regulation
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

Sixteen states have filed motions to intervene in a challenge to greenhouse gas (GHG) regulation


CERCLA: federal court rules administrative settlement triggers statute of limitations
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

A New York federal judge has dismissed a CERCLA contribution action as time-barred, ruling that an administrative settlement in 1998 triggered the three-year statute of limitations


CERCLARCRA: federal court dismisses claims against manufacturer based on useful product defense
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

A federal judge in California has dismissed a contribution claim and other claims against the manufacturers of a dry cleaning machine that required the disposal of hazardous wastewater to operate properly


Enforcement: DOJ’s environmental division details FY2009 litigation accomplishments
  • Shook Hardy & Bacon LLP
  • USA
  • April 30 2010

DOJ's Environmental and Natural Resources Division issued its annual report titled "Summary of Litigation Accomplishments: Fiscal Year 2009" on April 22, 2010