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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


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


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


California Supreme Court authorizes public entities’ expanded use of contingent-fee private attorneys.
  • Shook Hardy & Bacon LLP
  • USA
  • August 6 2010

The California Supreme Court has expanded the circumstances under which a public entity, such as a city or county, may hire a private attorney on a contingent-fee basis to litigate an action on behalf of that entity


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."


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


Former tugboat company manager convicted of dumping dredged material
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2010

A federal jury in San Francisco has reportedly convicted the former manager of Brusco Tug & Barge Co. of Longview, Washington, of illegally dumping tainted dredged materials into Sacramento-San Joaquin River near Pittsburg, California


Marine Mammal Protection ActESA: environmental group files notice of intent to sue over alleged oil drilling violations
  • Shook Hardy & Bacon LLP
  • USA
  • May 28 2010

The Center for Biological Diversity, an environmental group, has filed a notice of its intent to sue the Secretary of the Interior for allegedly allowing oil and gas drilling in the Gulf of Mexico in violation of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA


Citizen suit seeks to halt construction of silicon plant
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

A Washington resident has filed a citizen suit under section 7604 of the Clean Air Act seeking to halt construction of a $688 million expansion of a Moses Lake silicon plant


California Supreme Court rules SCAQMD must consider emissions of permitted equipment
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

The California Supreme Court recently ruled that the South Coast Air Quality Management District (SCAQMD) is required to consider already-permitted equipment that predated the California Environmental Quality Act (CEQA) when it conducts an environmental impact analysis of upgrades at a Los Angeles refinery