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South Carolina Supreme Court determines state lacked authority to approve dredging project
  • Shook Hardy & Bacon LLP
  • USA
  • November 16 2012

The South Carolina Supreme Court has ruled that the state’s Department of Health and Environmental Control (DHEC) lacked authority to approve a Clean Water Act (CWA) section 401 water-quality certification for a project to deepen the Savannah River


Ninth Circuit halts Alaska railway construction
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A split Ninth Circuit Court of Appeals panel has issued a stay pending review of the Surface Transportation Board’s (STB’s) order allowing construction of approximately 35 miles of railroad spur to connect the Port MacKenzie District in south-central Alaska to the Alaska Railroad Corp.’s existing main line


Federal court finds navy ship is not a “product” under product liability law
  • Shook Hardy & Bacon LLP
  • USA
  • October 11 2012

In the context of asbestos-exposure litigation, a federal court in Pennsylvania has determined that under maritime product liability law, a ship is not a product, and thus the shipbuilder cannot be held strictly liable for the various products aboard the ship that may have caused personal injury


Corps sued over Alaska railway project
  • Shook Hardy & Bacon LLP
  • USA
  • October 19 2012

After the Ninth Circuit Court of Appeals halted the proposed Port MacKenzie rail-extension project for further consideration of environmental impacts, additional opponents separately sued the U.S. Army Corps of Engineers (Corps) to overturn the Clean Water Act (CWA) permit the Corps granted for the project


Hawaiian dry dock owner to pay $710,000 to resolve Clean Water Act claims
  • Shook Hardy & Bacon LLP
  • USA
  • April 12 2013

The U.S. Department of Justice has lodged a proposed consent decree to resolve allegations that a Hawaiian ship repair facility and dry dock operator


Federal court finds punitive damages available to seamen filing unseaworthiness claims
  • Shook Hardy & Bacon LLP
  • USA
  • July 31 2014

Addressing an issue of first impression, a multidistrict litigation (MDL) court in Pennsylvania has held that a number of seamen who brought


EPA questions standing of food interests to bring lawsuit over ethanol blend waiver
  • Shook Hardy & Bacon LLP
  • USA
  • February 25 2011

The Environmental Protection Agency (EPA) issued two decisions allowing the sale of ethanol blends above 10 percent, referred to as E15, for use in model year 2001 and newer vehicles


Shipping company ordered to pay $850,000 for ocean dumping and falsifying records
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A federal judge in California has ordered the operator of a Marshall Islands-flagged vessel to pay $850,000 for ocean dumping and falsifying on-board oil discharge records


Shipping company to pay $725,000 for failure to report oily waste discharges
  • Shook Hardy & Bacon LLP
  • USA
  • June 11 2010

A federal judge has ordered a Turkish shipping company to pay a $725,000 fine for failing to report illegal oil discharges through a "magic pipe" onboard a contracted tanker vessel


Federal court upholds FHWA decision on proposed Kansas Highway bypass
  • Shook Hardy & Bacon LLP
  • USA
  • November 19 2010

A federal court in Kansas has upheld a Federal Highway Administration (FHWA) decision to locate a seven-mile, four-lane divided freeway along the southern edge of Lawrence, Kansas, to connect the existing K-10 HighwayUS-59 Highway interchange to K-10 Highway