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Greenhouse gases: lawsuit challenges Washington State executive order to reduce GHG emissions
  • Shook Hardy & Bacon LLP
  • USA
  • July 30 2010

The Evergreen Freedom Foundation Constitutional Law Center has filed a lawsuit on behalf of six state residents in a Washington state court to challenge an executive order issued by Governor Christine Gregoire (D) on May 21, 2010, directing state agencies to reduce greenhouse gas (GHG) emissions


Prop. 65: lawsuit targets fish oil supplements containing PCBs
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

Environmental and public health groups have sued eight manufacturers and retailers of fish oil supplements sold in California under the state Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) alleging that the fish oil supplements contain high levels of polychlorinated biphenyls (PCB) and require warning labels


Ninth Circuit upholds conviction of corporate officer for knowledge plus participation
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

The Ninth Circuit Court of Appeals has ruled that a corporate officer may be prosecuted for illegal hazardous waste storage if the officer knew of the illegal storage and directly participated in the conduct that violated RCRA


NEPAwater resources: federal court upholds injunction in water supply project lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

A federal judge in the District of Columbia has upheld an injunction preventing the completion of the Northwest Area Water Supply Project until the U.S. Department of Interior’s Bureau of Reclamation (Bureau) completes an adequate environmental impact statement (EIS) that takes a “hard look” at the cumulative impact of water withdrawal and invasive species issues


Enforcement: federal jury finds Pennsylvania Dep employees liable for unfair enforcement actions
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

A federal jury in Pennsylvania has reportedly awarded MFS, Inc. of Bethlehem, a now-defunct manufacturer of industrial insulation and ceiling tiles, $6.5 million after finding that four Pennsylvania Department of Environmental Protection (DEP) employees retaliated against the company in a series of enforcement actions


Seventh Circuit finds carrier properly denied coverage for waste ash cleanup due to insufficient property description
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

The Seventh Circuit Court of Appeals has ruled that a property must be precisely described for coverage to attach under an environmental liability insurance policy


Greenhouse gases: New Mexico Supreme Court rules state board may consider GHG cap
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The New Mexico Supreme Court has reportedly vacated a lower court's preliminary injunction, issued in April 2010, halting the New Mexico Environmental Improvement Board's process for gathering expert testimony and public comments on a petition to establish a cap on greenhouse gas (GHG) emissions in the state


Environmental crime: three sentenced to prison for illegal asbestos disposal
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

Three men from Syracuse, New York, have reportedly been sentenced to prison terms of 36 to 78 months for violations of the Clean Air Act and other crimes related to the illegal disposal of asbestos


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