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Results: 1-10 of 792

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 vacates ESA counterpart regulations, reversing prior decision
  • Shook Hardy & Bacon LLP
  • USA
  • February 17 2012

A federal court in the District of Columbia has reversed a 2006 decision by the same court and vacated the Endangered Species Act (ESA) Joint Counterpart Consultation Regulations for National Fire Plan Projects (Counterpart Regulations


Toxic tort: federal court rejects affirmative defenses in exposure lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A federal judge in Arkansas has granted a partial summary judgment to plaintiffs in a toxic tort lawsuit, thereby rejecting four affirmative defenses


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 enjoins enforcement of solid waste control ordinance, finds contract clause violation
  • Shook Hardy & Bacon LLP
  • USA
  • November 9 2012

A federal court in Texas has permanently enjoined Dallas City Council’s enforcement of a solid waste flow control ordinance that, among other things, required that all waste collected in the city be disposed of at a city landfill


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


Federal court finds Colorado coal plant violated MACT standards
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A federal court in Colorado has determined that a coal-fired power plant violated Clean Air Act (CAA) requirements when the U.S. Environmental Protection Agency’s (EPA’s) regulatory regime changed as a result of challenges to EPA regulations


State community property law not enough to expose spouse to CERCLA liability
  • Shook Hardy & Bacon LLP
  • USA
  • June 24 2011

A federal court in California has ruled that the state’s community property law does not expose the spouse of the owneroperator of a facility to CERCLA liability


Federal court rules EPA has discretionary authority to intervene in state regulatory policy
  • Shook Hardy & Bacon LLP
  • USA
  • May 11 2012

A federal court in New Jersey has dismissed a lawsuit seeking to force the U.S. Environmental Protection Agency (EPA) to intervene in the New Jersey Department of Environmental Protection’s (NJDEP) regulation of stormwater runoff into the Delaware River


National Forest Management ActNEPA: ban on old growth logging reversed, Forest Service found in compliance with law
  • Shook Hardy & Bacon LLP
  • USA
  • August 27 2010

A split Ninth Circuit Court of Appeals panel has reversed a district court injunction that halted a U.S. Forest Service (FS) plan for logging in an old growth forest area in Oregon