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

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


Administrative Procedure ActRCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking
  • Shook Hardy & Bacon LLP
  • USA
  • August 27 2010

The Tenth Circuit Court of Appeals has determined that EPA can revise a tentative interpretation governing the handling of magnesium waste without conducting a formal rulemaking


Federal court determines CERCLA settlement reduces others’ liability by the settling defendant’s proportionate share
  • Shook Hardy & Bacon LLP
  • USA
  • November 30 2012

A federal court in California has determined that settlements with individual defendants in cases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) should reduce other defendants’ liability by the amount ultimately determined to be the settling defendant’s share, rather than by the amount of the settlement


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


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 rules CWA citizen suit can proceed despite settlement
  • Shook Hardy & Bacon LLP
  • USA
  • November 16 2012

A federal court in Mississippi has ruled that a city’s prior settlement of sewage management violations with state regulators did not bar a Clean Water Act (CWA) citizen suit seeking additional penalties for the same violations


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 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


Federal court denies request to stop cultivation and use of genetically modified sugar beets
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

A federal judge in California has denied a motion for a preliminary injunction sought by several environmental groups that would have precluded all further planting, cultivation, processing, or other use of genetically modified (GM) sugar beets or sugar beet seeds and would have required previously planted GM sugar beets to be pulled up


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."