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Results: 1-10 of 119

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


TSCA: Eleventh Circuit upholds regulations requiring lead warning statements by residential property lessors
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

The Eleventh Circuit Court of Appeals has upheld regulations under TSCA and the Lead-Based Paint Hazard Reduction Act of 1992, requiring lessors of residential property built before 1978 to put a specifically worded "Lead Warning Statement" in the property's lease and affirmatively disclose either that lead-based paint is present on the property or that the lessor has no knowledge of such paint


Wetlands: federal court enjoins Florida strip mine
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A federal judge in Florida has granted a request for a preliminary injunction to prevent the strip mining of phosphate at a 10,800-acre site in central Florida


Water quality: foundation seeks court orders forcing CWA compliance in Missouri
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A St. Louis-based non-profit foundation has sued EPA alleging that the agency has failed to ensure that all bodies of water in Missouri are protected by the Clean Water Act


Shipping company ordered to pay $850,000 for ocean dumping and falsifying records
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A federal judge in California has ordered the operator of a Marshall Islands-flagged vessel to pay $850,000 for ocean dumping and falsifying on-board oil discharge records


Jurisdiction: Tenth Circuit reverses EPA designation of New Mexico mine as Indian country
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

The Tenth Circuit Court of Appeals has ruled en banc that EPA erred when it designated a New Mexico mine as "Indian country," wrongly subjecting it to federal rather than state law


Toxic tort: Florida Supreme Court rules fishermen may claim damages for loss of income due to pollution
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

The Florida Supreme Court has ruled 5-1 that fishermen are entitled under state law to recover damages for economic loss and income caused by the negligent release of pollutants despite the fact that they do not own any property damaged by the pollution


NEPA: D.C. Circuit rules Sierra Club lacks standing to challenge rail merger
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

The D.C. Circuit Court of Appeals has upheld a Surface Transportation Board decision that a merger between the Canadian Pacific Railway Corp. and Dakota Minnesota & Eastern Railroad Corp. (DM&E) may proceed despite the lack of an environmental impact study (EIS) under NEPA


Clean Water Act: federal court rules injunctive relief appropriate for selenium discharges
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

A federal judge in West Virginia has ruled that injunctive relief is appropriate in a citizens suit by a coalition of environmental groups over alleged selenium discharges from a mountaintop removal operation


NEPA: U.S. Supreme Court overturns ban on biotech seed planting
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2010

The U.S. Supreme Court has ruled 7-1 that an injunction barring the Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) from partially deregulating herbicide-tolerant alfalfa until the completion of a full environmental impact statement (EIS) under NEPA, was too broad