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Results: 1-10 of 792

Electronic waste recycler pleads guilty to false claims charges
  • Shook Hardy & Bacon LLP
  • USA
  • August 17 2012

A San Jose, California, electronic waste recycling firm and two of its managers have entered into a plea agreement to resolve criminal charges of submitting fraudulent claims for $1 million in payments from the state’s Electronic Waste Recovery and Recycling Program


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


Owners of downgradient property not liable under CERCLA
  • Shook Hardy & Bacon LLP
  • USA
  • October 5 2012

A federal court in New York has absolved from liability under the Comprehensive Environmental Response, Compensation, and Liability Act owners of property adjacent to a church from which groundwater containing contaminants had migrated


Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants
  • Shook Hardy & Bacon LLP
  • USA
  • September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense


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


Generating station reheater replacement not exempted from NSR as RMRR
  • Shook Hardy & Bacon LLP
  • USA
  • September 28 2012

A Louisiana federal court has decided that an electricity generating station’s replacement of two primary reheaters could not reasonably be exempted from New Source Review under the Clean Air Act as routine maintenance, repair or replacement


Federal court denies attorney fee award under RCRA, lawsuit was voluntarily dismissed
  • Shook Hardy & Bacon LLP
  • USA
  • January 14 2011

A federal court in California has denied a motion for attorney's fees under RCRA where defendant was voluntarily dismissed from a case without prejudice


Federal court dismisses willful and wanton negligence allegations in suit over asbestos inspection
  • Shook Hardy & Bacon LLP
  • USA
  • November 11 2011

A federal court in Illinois has dismissed a portion of a lawsuit alleging willful and wanton negligence in defendant contractor’s failure to discover asbestos containing materials at a facility


Federal court holds EPA cannot be liable for fraudulent renewable fuel
  • Shook Hardy & Bacon LLP
  • USA
  • December 14 2012

A federal court in Texas has denied a motion to join the U.S. Environmental Protection Agency (EPA) as a third-party defendant in ongoing litigation involving allegedly fraudulent renewable fuel credits under the renewable fuel standard program of the Energy Independence and Security Act of 2007


Defective notice dooms RCRA citizen suit
  • Shook Hardy & Bacon LLP
  • USA
  • July 29 2011

The Second Circuit Court of Appeals has affirmed the dismissal of a RCRA citizen suit against Omya, Inc. for failure to meet RCRA’s notice requirements