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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


Nanotechnology: OECD revises guidance on testing of manufactured nanomaterials
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Organization for Economic Co-operation and Development (OECD) has revised a guidance document on safety testing of manufactured nanomaterials


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."


Toxic tort: Tenth Circuit applies ‘but for’ test as causation standard
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

The Tenth Circuit Court of Appeals has ruled that toxic tort plaintiffs in New Mexico must demonstrate that their alleged injuries would not have occurred "but for" the defendants' act


FIFRA: D.C. Circuit reverses district court dismissal for lack of jurisdiction
  • Shook Hardy & Bacon LLP
  • USA
  • July 23 2010

The U.S. Court of Appeals for the District of Columbia Circuit has reversed a district court ruling that found no subject matter jurisdiction in a complaint related to an EPA risk mitigation decision (RMD


Clean Water Act: EPA to address ocean acidification
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

As part of a settlement agreement announced March 11, 2010, EPA has agreed to consider issuing nationwide guidance under the Clean Water Act (CWA) to assist states in dealing with ocean acidification


ECHA issues guidance on appeals process
  • Shook Hardy & Bacon LLP
  • European Union
  • March 19 2010

The European Chemical Agency (ECHA) has published a guidance document that sets out the procedures manufacturers or importers of chemical substances should follow when appealing an ECHA decision


Louisiana vessel owner pleads guilty to ocean dumping
  • Shook Hardy & Bacon LLP
  • USA
  • August 6 2010

A Louisiana vessel owner has reportedly pleaded guilty to knowingly discharging waste oil from one of its vessels in violation of the Act to Prevent Pollution from Ships (Act) and has agreed to pay a $1.75 million criminal fine and remit a payment of $350,000 to the National Marine Sanctuary Foundation


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


Non-profit groups sue EPA over Cape Cod nitrogen pollution
  • Shook Hardy & Bacon LLP
  • USA
  • September 17 2010

Environmental groups have sued EPA alleging that the agency has failed to meet its legal mandate under the Clean Water Act (CWA) to adequately permit and regulate the discharge of nitrogen into the waters of Cape Cod