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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


USGS report estimates world’s undiscovered oil and gas resources
  • Shook Hardy & Bacon LLP
  • USA
  • May 4 2012

The U.S. Department of Interior’s U.S. Geological Survey (USGS) has released a report estimating the amount of unidentified conventional oil and gas resources worldwide


Federal court tosses challenges to gas plant cleanup plan
  • Shook Hardy & Bacon LLP
  • USA
  • October 5 2012

A federal court in the District of Columbia has dismissed a lawsuit seeking to force the cleanup of constituents left behind by a former manufactured gas plant


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


Monetary contributions to charity as condition of probation cannot exceed
  • Shook Hardy & Bacon LLP
  • USA
  • September 28 2012

A federal court in Texas has ruled that community service requirements imposed as a condition of probation for a defendant convicted of an environmental crime may not exceed the maximum statutory fine for the offense


D.C. Circuit temporarily suspends Yucca Mountain lawsuit, awaiting congressional appropriations decision
  • Shook Hardy & Bacon LLP
  • USA
  • August 17 2012

In a split decision, the D.C. Circuit Court of Appeals has ordered that a lawsuit challenging the Nuclear Regulatory Commission’s (NRC ’s) decision to stop licensing work on the Yucca Mountain radioactive waste repository be held in abeyance until Congress addresses appropriations for the repository


Colorado Supreme Court rules no condemnation authority for construction of oil pipelines
  • Shook Hardy & Bacon LLP
  • USA
  • June 8 2012

The Colorado Supreme Court has ruled that state law does not provide condemnation authority to a company for the construction of a petroleum pipeline


Federal court rules state law regulating nuclear power plant preempted by AEA
  • Shook Hardy & Bacon LLP
  • USA
  • January 27 2012

A federal court in Vermont has determined that the Atomic Energy Act (AEA) preempts a state law that authorizes state legislators to shut down the Vermont Yankee nuclear power plant by failing to approve a certificate for continued operation


West Virginia Dep issues emergency temporary rule on shale drilling
  • Shook Hardy & Bacon LLP
  • USA
  • September 2 2011

The West Virginia Department of Environmental Protection (DEP ) has issued an emergency rule (35 CSR 8) that would temporarily require Marcellus shale natural gas drillers to obtain permits and develop plans to protect water quality


Tenth Circuit reverses Rocky Flats class action over jury instructions
  • Shook Hardy & Bacon LLP
  • USA
  • September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions