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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


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


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


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


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


Air: citizen suit against South Dakota power plant filed too late
  • Shook Hardy & Bacon LLP
  • USA
  • August 20 2010

The Eighth Circuit Court of Appeals has dismissed a Clean Air Act (CAA) citizen suit filed in June 2008 seeking civil penalties against a South Dakota power plant for allegedly failing to obtain necessary permits and for violating emissions standards