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Results: 1-10 of 792

Federal court rules CERCLA bar to transfer of liability applies to third-party contribution claims
  • Shook Hardy & Bacon LLP
  • USA
  • November 9 2012

A federal court in Oklahoma has ruled that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bar in section 107(e)(1) to the transfer of CERCLA liability applies to contribution claims brought by third parties, not just to claims brought by the government


Ninth Circuit halts Alaska railway construction
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A split Ninth Circuit Court of Appeals panel has issued a stay pending review of the Surface Transportation Board’s (STB’s) order allowing construction of approximately 35 miles of railroad spur to connect the Port MacKenzie District in south-central Alaska to the Alaska Railroad Corp.’s existing main line


Court denies claim of selective prosecution for hazardous material transportation violations
  • Shook Hardy & Bacon LLP
  • USA
  • March 1 2013

A federal court in California has denied a defendant's motion to compel discovery on his claim that he had been the subject of selective criminal


CERCLA contribution claim precludes state-law unjust enrichment claim
  • Shook Hardy & Bacon LLP
  • USA
  • May 31 2013

Stating that it was persuaded by Second and Fourth Circuit Courts of Appeals precedent, a federal court in Missouri has dismissed plaintiffs' unjust


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


Ninth Circuit upholds California air district’s indirect source rule
  • Shook Hardy & Bacon LLP
  • USA
  • December 17 2010

Affirming a district court decision, the Ninth Circuit Court of Appeals has upheld a San Joaquin Valley Air Pollution Control District (SJVAPCD) rule that regulated "indirect sources" of air pollution by requiring construction companies to quantify a project's emissions and offset excess emissions with air-friendly project offsets or pay a mitigation fee to the district


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


Illinois Court holds insurers have no duty to defend contaminated drinking water claims
  • Shook Hardy & Bacon LLP
  • USA
  • March 15 2013

The Illinois Court of Appeals has held that an insured's alleged sale of tainted drinking water fell within an absolute pollution exclusion in each


Insurer must defend Clean Air Act enforcement action
  • Shook Hardy & Bacon LLP
  • USA
  • May 31 2013

The Fifth Circuit Court of Appeals has determined that an insurer must pay defense costs in a Clean Air Act (CAA) violation action brought by the U.S


Federal court determines CERCLA settlement reduces others’ liability by the settling defendant’s proportionate share
  • Shook Hardy & Bacon LLP
  • USA
  • November 30 2012

A federal court in California has determined that settlements with individual defendants in cases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should reduce other defendants’ liability by the amount ultimately determined to be the settling defendant’s share, rather than by the amount of the settlement