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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


Endangered Species Act: group challenges BLM natural gas pipeline approval
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

The Center for Biological Diversity has filed a petition for review in the Ninth Circuit Court of Appeals challenging two Bureau of Land Management (BLM) approvals of a 677-mile natural gas pipeline that would cut across Nevada, Oregon, Utah, and Wyoming


Enforcement: federal jury finds Pennsylvania Dep employees liable for unfair enforcement actions
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

A federal jury in Pennsylvania has reportedly awarded MFS, Inc. of Bethlehem, a now-defunct manufacturer of industrial insulation and ceiling tiles, $6.5 million after finding that four Pennsylvania Department of Environmental Protection (DEP) employees retaliated against the company in a series of enforcement actions


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


Mayor, public works superintendent indicted for falsifying water sample data
  • Shook Hardy & Bacon LLP
  • USA
  • April 30 2010

A federal grand jury has reportedly indicted the Stover, Missouri, mayor and public works superintendent for submitting false information about the city's water supply to the Missouri Department of Natural Resources (DNR


Enforcement: DOJ’s environmental division details FY2009 litigation accomplishments
  • Shook Hardy & Bacon LLP
  • USA
  • April 30 2010

DOJ's Environmental and Natural Resources Division issued its annual report titled "Summary of Litigation Accomplishments: Fiscal Year 2009" on April 22, 2010


Federal court denies request to stop cultivation and use of genetically modified sugar beets
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

A federal judge in California has denied a motion for a preliminary injunction sought by several environmental groups that would have precluded all further planting, cultivation, processing, or other use of genetically modified (GM) sugar beets or sugar beet seeds and would have required previously planted GM sugar beets to be pulled up


Wild and Scenic Rivers Act: federal court vacates NPS finding of no adverse impact
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

A federal judge in Minnesota has vacated a finding by the National Park Service (NPS) that a proposed four-lane bridge over the Lower St. Croix River would not have an adverse effect on the river


Greenhouse gases: states seek to intervene in challenge to GHG regulation
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

Sixteen states have filed motions to intervene in a challenge to greenhouse gas (GHG) regulation


CERCLA: federal court rules administrative settlement triggers statute of limitations
  • Shook Hardy & Bacon LLP
  • USA
  • April 2 2010

A New York federal judge has dismissed a CERCLA contribution action as time-barred, ruling that an administrative settlement in 1998 triggered the three-year statute of limitations