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Results: 1-10 of 792

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


CERCLA: federal court rules EPA cost recovery lawsuit barred under compulsory counterclaim rule
  • Shook Hardy & Bacon LLP
  • USA
  • August 20 2010

A federal judge in California has ruled that CERCLA cost recovery claims involving perchlorate and trichloroethylene contamination of the Rialto-Colton Groundwater Basin are subject to Federal Rule of Civil Procedure 13(a), which "bars a party who failed to assert a compulsory counterclaim in one action from instituting a second action in which that counterclaim is the basis of the complaint."


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


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


California Supreme Court affirms “wholly disproportionate” Clean Water Act 316(b) requirement
  • Shook Hardy & Bacon LLP
  • USA
  • August 26 2011

The California Supreme Court has upheld the State Water Resources Control Board’s issuance of a permit under federal Clean Water Act (CW A) best available technology standards


D.C. Circuit blocks transfer of nuclear material regulatory authority to New Jersey
  • Shook Hardy & Bacon LLP
  • USA
  • November 19 2010

The D.C. Circuit Court of Appeals has ruled that the Nuclear Regulatory Commission (NRC) cannot transfer authority over nuclear materials to New Jersey state regulators


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 citizen suit plaintiff may not intervene in EPA enforcement action
  • Shook Hardy & Bacon LLP
  • USA
  • May 27 2011

A federal court in Missouri has ruled that a plaintiff in a pending RCRA citizen suit does not have a right to intervene in a later-filed EPA enforcement action against the same defendant alleging violations of the same environmental laws


CERCLA claim dismissed for failure to adequately plead alter-ego or successor liability
  • Shook Hardy & Bacon LLP
  • USA
  • September 2 2011

A federal court in Illinois has dismissed a CERCLA contribution claim because the plaintiff could not establish liability under either an alter-ego or successor liability theory


Federal court reinstates Roadless Rule in Tongass National Forest
  • Shook Hardy & Bacon LLP
  • USA
  • June 10 2011

A federal court in Alaska has reinstated EPA’s Roadless Rule on the 17-million acre Tongass National Forest