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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


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


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 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


Federal court dismisses lawsuit against district attorney for alleged abuse of enforcement process
  • Shook Hardy & Bacon LLP
  • USA
  • December 9 2011

A federal court in California has dismissed a lawsuit filed by a scrap metal operator against a county district attorney’s office and the state environmental agency alleging abuse of the enforcement process


Court seeks suggestions for RCRA sentence
  • Shook Hardy & Bacon LLP
  • USA
  • May 10 2013

A federal court in Rhode Island has re-sentenced a company convicted under the Resource Conservation and Recovery Act (RCRA) of illegal hazardous


NEPA: Ninth Circuit rules BLM failed to take hard look at cumulative impacts of mine-exploration expansion on tribal lands
  • Shook Hardy & Bacon LLP
  • USA
  • July 2 2010

The Ninth Circuit Court of Appeals has ordered a district court to reconsider whether the cumulative impact of a proposed expansion to a mine exploration project in Nevada requires a new environmental impact statement (EIS) under NEPA


Ninth Circuit abandons federal defendant rule in NEPA cases
  • Shook Hardy & Bacon LLP
  • USA
  • January 28 2011

The Ninth Circuit Court of Appeals en banc has ruled that the "federal defendant" rule, which categorically prohibits private parties and state and local governments from intervening of right on the merits of claims brought under NEPA, is no longer law in the Ninth Circuit


Federal court finds sole shareholder liable as current operator under CERCLA
  • Shook Hardy & Bacon LLP
  • USA
  • January 28 2011

A federal court in New Jersey has ruled that the sole shareholder of a single-purpose entity which owns a contaminated facility is liable as a current operator under CERCLA


Virgin Islands-based refiner settles CAA violations for $5.375 million
  • Shook Hardy & Bacon LLP
  • USA
  • February 4 2011

The owner of the second largest petroleum refinery in the United States has agreed to pay a $5.375 million civil penalty and spend more than $700 million on upgraded pollution controls and monitoring to settle several alleged Clean Air Act (CAA) violations at its facility in the Virgin Islands