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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


Remediation costs: Fourth Circuit affirms summary judgment ruling; purchase agreement’s indemnification provision clear
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

Based on the language of a 1987 purchase agreement, the Fourth Circuit Court of Appeals has affirmed the grant of plaintiff's summary judgment motion in a lawsuit seeking remediation costs for mercury contamination


Legal malpractice: real estate developer alleges law firm failed to conduct environmental due diligence
  • Shook Hardy & Bacon LLP
  • USA
  • May 21 2010

A real estate developer has sued a Louisiana-based law firm alleging that the firm failed to perform an environmental assessment which would have revealed that land it purchased for development was part of a World War II-era bombing range


Chief engineer pleads guilty to ocean dumping
  • Shook Hardy & Bacon LLP
  • USA
  • May 14 2010

The chief engineer of an ocean-going ship that transported cargo between various ports in Asia and the United States has reportedly pleaded guilty in federal court to violating an international treaty and the federal Act to Prevent Pollution from Ships


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


Environmental crime: three sentenced to prison for illegal asbestos disposal
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

Three men from Syracuse, New York, have reportedly been sentenced to prison terms of 36 to 78 months for violations of the Clean Air Act and other crimes related to the illegal disposal of asbestos


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