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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


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


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


Toxic tort: Third Circuit dismisses putative class actions seeking medical monitoring
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The Third Circuit Court of Appeals has affirmed the dismissal of two putative class actions that sought medical monitoring for workers and nearby residents of Pennsylvania factories that used beryllium


Former business owner pleads guilty to illegal storage of hazardous waste
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

The former owner of a Beckley, West Virginia, electro-plating shop has reportedly pleaded guilty in federal court to illegally storing hazardous waste material without a permit


Energy: offshore transport company challenges moratorium on deep-water drilling
  • Shook Hardy & Bacon LLP
  • USA
  • June 18 2010

A Louisiana offshore transport company that services deep-water drilling rigs has filed a complaint in federal court seeking to obtain an injunction lifting the recently imposed six-month moratorium on drilling in the Gulf of Mexico at depths greater than 500 feet


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