We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 119

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


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


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."


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


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


EU General Court upholds emissions trading rules
  • Shook Hardy & Bacon LLP
  • European Union
  • March 12 2010

The General Court of the European Union (EU) has reportedly dismissed a challenge brought by Arcelor, the world's largest steel producer, to the EU's Emissions Trading Directive


Prop. 65: lawsuit targets fish oil supplements containing PCBs
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

Environmental and public health groups have sued eight manufacturers and retailers of fish oil supplements sold in California under the state Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) alleging that the fish oil supplements contain high levels of polychlorinated biphenyls (PCB) and require warning labels


Ninth Circuit upholds conviction of corporate officer for knowledge plus participation
  • Shook Hardy & Bacon LLP
  • USA
  • March 12 2010

The Ninth Circuit Court of Appeals has ruled that a corporate officer may be prosecuted for illegal hazardous waste storage if the officer knew of the illegal storage and directly participated in the conduct that violated RCRA


Seventh Circuit finds carrier properly denied coverage for waste ash cleanup due to insufficient property description
  • Shook Hardy & Bacon LLP
  • USA
  • March 26 2010

The Seventh Circuit Court of Appeals has ruled that a property must be precisely described for coverage to attach under an environmental liability insurance policy


NEPAwater resources: federal court upholds injunction in water supply project lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 19 2010

A federal judge in the District of Columbia has upheld an injunction preventing the completion of the Northwest Area Water Supply Project until the U.S. Department of Interior’s Bureau of Reclamation (Bureau) completes an adequate environmental impact statement (EIS) that takes a “hard look” at the cumulative impact of water withdrawal and invasive species issues