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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


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


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


Whistleblower suit: Eleventh Circuit finds EPA not liable in whistleblower lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

The Eleventh Circuit Court of Appeals has ruled that EPA is not liable in a whistleblower lawsuit brought by an agency research microbiologist who wrote an article claiming a link between the land application of sewage sludge and public health risks


CERCLA: Second Circuit rules contribution action does not require EPA approval of settlement
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

According to the Second Circuit Court of Appeals, a CERCLA consent decree does not require EPA approval for the settling party to seek response and cleanup costs under section 113 based on the settlement


Toxic tort: federal court denies class certification in cancer cluster lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

A federal judge in Pennsylvania has refused to certify a class in a lawsuit against Rohm and Haas Co. alleging that vinyl chloride contamination in McCollum Lake Village, Illinois, caused an increase in brain cancer rates among local residents


U.S. Supreme Court denies review of EPA emissions exemption case
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

The U.S. Supreme Court recently denied review of a D.C. Circuit Court of Appeals decision that invalidated an EPA final rule exempting major sources of hazardous air pollutants from normal emission standards during periods of startups, shutdowns and malfunctions (SSM


Citizen suit seeks to halt construction of silicon plant
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

A Washington resident has filed a citizen suit under section 7604 of the Clean Air Act seeking to halt construction of a $688 million expansion of a Moses Lake silicon plant