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 266

CERCLA: federal court upholds joint and several liability ruling
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2010

A federal judge in California has ruled that Burlington Northern & Santa Fe Railway Co. v. U.S., 129 S. Ct. 1870 (2009), did not change existing law regarding joint and several liability under CERCLA


CWA: EPA to settle challenge to CAFO rule
  • Shook Hardy & Bacon LLP
  • USA
  • June 11 2010

To settle a challenge to EPA’s final rule on concentrated animal feeding operations (CAFOs), 73 Fed. Reg. 70,418 (112008), the agency has agreed to propose a rule within a year to require all CAFOs to submit details about their operations and to update the information every five years


Due diligence: Washington statute requires disclosure of environmental conditions in commercial real estate transactions
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

A Washington state law (S.B. 6749) requires the disclosure of a wide range of “environmental conditions” to prospective buyers of commercial real estate


Waste: EPA agrees to revisit environmental justice aspects of solid-waste definition
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

Under a settlement agreement with the Sierra Club, EPA has agreed to revisit a rule titled “Revisions to the Definition of Solid Waste,” 73 Fed. Reg. 64,668 (103008), to address environmental justice issues raised in the organization’s 2009 petition


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."


CERCLA: federal court rules Washington State DOT not liable as owneroperator
  • Shook Hardy & Bacon LLP
  • USA
  • July 23 2010

After ruling that the Washington Department of Transportation (WSDOT) may be liable as an arranger for storm water runoff that contained hazardous substances, U.S. v. Washington State DOT, No. 08-5722 (W.D. Wa. 6710), the same court has ruled that the agency is not liable as an owneroperator for cleanup costs to address offsite contamination


Air: EPA proposes amendments to NSPS for medical waste incinerators
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2010

EPA has proposed amendments to the new source performance standards (NSPS) for hospital medicalinfectious waste incinerators


Toxic tortstate CERCLA: Vermont court rules migration of contaminants alone is insufficient to prove public nuisance
  • Shook Hardy & Bacon LLP
  • USA
  • August 20 2010

The Vermont Supreme Court has ruled that the offsite migration of contaminants is insufficient, in itself, to establish a public nuisance


Water: New York law bans phosphorous in detergent and fertilizer
  • Shook Hardy & Bacon LLP
  • USA
  • August 27 2010

New York Governor David Paterson (D) has signed a bill (A08914B) that makes it illegal for stores operating in the state to stock fresh supplies of household dishwasher detergents that contain phosphorous