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Results: 1-10 of 266

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


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


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 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


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


Enforcement: IG report faults EPA tracking of fines and reporting
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

The EPA Inspector General (IG) has issued a report criticizing the agency for failing to do a better job of tracking and recording fines and penalties and reporting that information transparently


President signs revisions to Oil Pollution Act
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

President Barack Obama (D) has signed revisions to the Oil Pollution Act (S. 3473) that authorize advances from the Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill in the Gulf of Mexico


Renewable fuels: Colorado enacts law promoting biomass energy development
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

Colorado Governor Bill Ritter (D) recently signed into law a bill (S.B. 10-177) creating a property tax incentive to promote biomass energy development


CERCLA: Fifth Circuit reverses district court on allocation formula
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Fifth Circuit Court of Appeals has determined that a district court improperly relied on site valuation reports prepared as part of settlement negotiations in estimating the total volume of waste at a Texas CERCLA site


Wetlands: Ninth Circuit upholds Section 404 permits for business park
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Ninth Circuit Court of Appeals has upheld two dredge-and-fill permits issued to the city of Redding, California, by the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (FWS), clearing the way for the construction of a 678-acre business park