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Results: 1-10 of 38

South Carolina Supreme Court determines state lacked authority to approve dredging project
  • Shook Hardy & Bacon LLP
  • USA
  • November 16 2012

The South Carolina Supreme Court has ruled that the state’s Department of Health and Environmental Control (DHEC) lacked authority to approve a Clean Water Act (CWA) section 401 water-quality certification for a project to deepen the Savannah River


Ninth Circuit halts Alaska railway construction
  • Shook Hardy & Bacon LLP
  • USA
  • October 12 2012

A split Ninth Circuit Court of Appeals panel has issued a stay pending review of the Surface Transportation Board’s (STB’s) order allowing construction of approximately 35 miles of railroad spur to connect the Port MacKenzie District in south-central Alaska to the Alaska Railroad Corp.’s existing main line


Corps sued over Alaska railway project
  • Shook Hardy & Bacon LLP
  • USA
  • October 19 2012

After the Ninth Circuit Court of Appeals halted the proposed Port MacKenzie rail-extension project for further consideration of environmental impacts, additional opponents separately sued the U.S. Army Corps of Engineers (Corps) to overturn the Clean Water Act (CWA) permit the Corps granted for the project


Hawaiian dry dock owner to pay $710,000 to resolve Clean Water Act claims
  • Shook Hardy & Bacon LLP
  • USA
  • April 12 2013

The U.S. Department of Justice has lodged a proposed consent decree to resolve allegations that a Hawaiian ship repair facility and dry dock operator


Federal court upholds FHWA decision on proposed Kansas Highway bypass
  • Shook Hardy & Bacon LLP
  • USA
  • November 19 2010

A federal court in Kansas has upheld a Federal Highway Administration (FHWA) decision to locate a seven-mile, four-lane divided freeway along the southern edge of Lawrence, Kansas, to connect the existing K-10 HighwayUS-59 Highway interchange to K-10 Highway


D.C. Circuit rules Transportation Board has NEPA authority
  • Shook Hardy & Bacon LLP
  • USA
  • March 25 2011

The D.C. Circuit Court of Appeals has ruled that the Surface Transportation Board (STB), which is part of the U.S. Department of Transportation, has the authority to require an environmental impact statement (EIS) under NEPA when it considers whether to approve a railroad company merger


Ninth Circuit blocks Alaska highway project
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2011

The Ninth Circuit Court of Appeals has upheld a district court decision that struck down the Federal Highway Administration’s (FHWA’s) record of decision and the U.S. Forest Service’s plan to grant a right of way for an access project adding 51 miles to an Alaska highway


Ninth Circuit majority rejects employee-driver provision of the Port of Los Angeles clean truck program
  • Shook Hardy & Bacon LLP
  • USA
  • October 7 2011

The Ninth Circuit Court of Appeals, in a 2-1 decision, has ruled that a Port of Los Angeles clean trucks-program element, which requires that trucking companies only use drivers who are company employees, is preempted by the Federal Aviation Administrative Authorization Act (Act


Fifth Circuit affirms ruling that Corps is liable for Katrina damage
  • Shook Hardy & Bacon LLP
  • USA
  • March 16 2012

The Fifth Circuit Court of Appeals has affirmed a district court ruling finding the U.S. Army Corps of Engineers (Corps) liable to several Louisiana property owners for its negligent work maintaining a shipping channel between New Orleans and the Gulf of Mexico, which purportedly caused billions of dollars in damage as the result of Hurricane Katrina in 2005


Federal court fines shipping companies $2.4 million for ocean dumping
  • Shook Hardy & Bacon LLP
  • USA
  • February 10 2012

A federal court in Maryland has reportedly ordered two shipping companies to pay a total of $2.4 million in criminal fines after they pleaded guilty to four felony counts for multiple deliberate releases of waste oil and plastic garbage into the ocean from a cargo ship over a period of nine months