We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



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


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


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


Federal court rules documents underlying OSHA report discoverable in RCRA suit
  • Shook Hardy & Bacon LLP
  • USA
  • August 19 2011

A federal court in Wisconsin has determined that background documents underlying an Occupational Safety and Health Administration (OSHA) report for an employer are discoverable in a RCRA lawsuit filed against a company that allegedly contributed to groundwater pollution on the employer’s property


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


New York’s high court requires city construction authority to amend eis
  • Shook Hardy & Bacon LLP
  • USA
  • November 2 2012

The New York Court of Appeals has ruled that the New York City School Construction Authority (NYCSCA) has violated the State Environmental Quality Review Act (SEQRA) by failing to include information on long-term maintenance and monitoring in an environmental impact statement (EIS) for a project partially located on a Brownfield site


Trial court finds effort to force EPA to publish oil dispersant guidelines filed too late
  • Shook Hardy & Bacon LLP
  • USA
  • May 17 2013

A federal court in the District of Columbia has dismissed a lawsuit initiated by several environmental groups seeking to compel the U.S


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."


Tenth Circuit reverses Rocky Flats class action over jury instructions
  • Shook Hardy & Bacon LLP
  • USA
  • September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions


Louisiana Supreme Court applies “subsequent purchaser rule” to contaminated property deal
  • Shook Hardy & Bacon LLP
  • USA
  • November 11 2011

The Louisiana Supreme Court has ruled that the state’s “subsequent purchaser rule” bars the purchaser of real property later discovered to be contaminated from obtaining damages from a third party that contributed to the contamination, absent an assignment of that right in the sales contract