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Federal court rules SMCRA governs burden of proof in mining cases
  • Shook Hardy & Bacon LLP
  • USA
  • May 6 2011

A federal court in the District of Columbia has ruled that the Surface Mining Control and Reclamation Act (SMCRA) provides that the ultimate burden of persuasion in challenges to civil penalties, permits or notices of violation or cessation orders rests on the person or company challenging the agency action


Federal Circuit disallows intervention in suit over California water releases
  • Shook Hardy & Bacon LLP
  • USA
  • October 5 2012

The Federal Circuit Court of Appeals has denied the motions of the Natural Resources Defense Council and a fishermen’s organization to intervene in a lawsuit involving water releases from a California dam


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


EPA issues air limits for petroleum refinery heaters and flares
  • Shook Hardy & Bacon LLP
  • USA
  • September 21 2012

The U.S. Environmental Protection Agency (EPA) has issued final New Source Performance Standards (NSPS) for certain heaters and flares at petroleum refineries


Federal court narrows class in lawsuit claiming radiation exposure from nuclear weapons facility
  • Shook Hardy & Bacon LLP
  • USA
  • March 16 2012

While a federal court in Ohio has refused to decertify a class of neighbors claiming injuries due to radiation exposure from a nuclear weapons facility, it has narrowed the class to include only those exposed to radiation in 1961


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 holds EPA cannot be liable for fraudulent renewable fuel
  • Shook Hardy & Bacon LLP
  • USA
  • December 14 2012

A federal court in Texas has denied a motion to join the U.S. Environmental Protection Agency (EPA) as a third-party defendant in ongoing litigation involving allegedly fraudulent renewable fuel credits under the renewable fuel standard program of the Energy Independence and Security Act of 2007


Federal court dismisses NRD claim on issue preclusion ground
  • Shook Hardy & Bacon LLP
  • USA, US Virgin Islands
  • December 16 2011

A federal court in the Virgin Islands has dismissed a Comprehensive Environmental Response, Compensation and Liability Act (CERCL A) natural resources damages (NR D) claim along with four causes of action under Virgin Islands common law and a claim under the Virgin Islands oil spill law, finding the claims barred by issue preclusion


DOI approves greater natural buttes gas drilling project in Utah
  • Shook Hardy & Bacon LLP
  • USA
  • May 18 2012

The secretary of the U.S. Department of Interior (DOI ) has approved a major natural gas drilling project in Utah’s Uintah Basin that will allow the development of more than 3,600 wells over the next 10 years


Contract’s retained-liability language requires seller to pay purchaser’s RCRA closure costs
  • Shook Hardy & Bacon LLP
  • USA
  • September 28 2012

The Sixth Circuit Court of Appeals has construed contract language to hold a manufacturing plant’s seller liable for the purchaser’s costs incurred in closing two waste units regulated under the Resource Conservation and Recovery Act