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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


CERCLA’s bar on pre-enforcement review applies to cleanup of former DOD site
  • Shook Hardy & Bacon LLP
  • USA
  • April 8 2011

A federal court in Kansas has ruled that the CERCLA bar on pre-enforcement review applies to a lawsuit challenging an ongoing cleanup conducted under a program to address a former U.S. Department of Defense (DOD) site


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 holds agencies cannot amend rules through court settlements
  • Shook Hardy & Bacon LLP
  • USA
  • May 10 2013

The Ninth Circuit Court of Appeals has vacated a consent decree that provided a remedy in a challenge to the Northwest Forest Plan (NFP), a forest


U.S. Supreme Court rules CWA compliance order is final agency action
  • Shook Hardy & Bacon LLP
  • USA
  • March 23 2012

The U.S. Supreme Court has ruled in a unanimous decision that a compliance order issued by the U.S. Environmental Protection Agency (EPA) under section 309 of the Clean Water Act (CWA) is final agency action under the Administrative Procedure Act (APA) and is therefore subject to judicial review


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


D.C. court holds EPA has no duty to make Clean Air Act endangerment finding
  • Shook Hardy & Bacon LLP
  • USA
  • April 5 2013

A federal court in the District of Columbia has ruled that the U.S. Environmental Protection Agency (EPA) does not have a duty to make endangerment


Prison, fine and restitution ordered for seller of bogus Renewable Fuel ID Numbers
  • Shook Hardy & Bacon LLP
  • USA
  • April 12 2013

A federal court has reportedly sentenced a Texas man who ran a biodiesel company that allegedly sold some $42 million worth of Renewable Fuel


Dry-cleaning machine manufacturer not liable under CERCLA
  • Shook Hardy & Bacon LLP
  • USA
  • January 11 2013

A federal court in California has determined that the manufacturer of a dry-cleaning machine is not liable under the Comprehensive Environmental


Federal court finds motion to add RCRA claim to CERCLA lawsuit provides insufficient notice
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2011

A federal court in California has denied plaintiff's motion to add RCRA claims to a CERCLA lawsuit, ruling that plaintiff's notice to defendants was insufficient