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Shook Hardy & Bacon LLP | USA | 31 May 2013

CERCLA contribution claim precludes state-law unjust enrichment claim

Stating that it was persuaded by Second and Fourth Circuit Courts of Appeals precedent, a federal court in Missouri has dismissed plaintiffs' unjust…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

Pennsylvania wastewater facilities must make significant upgrade to receive drilling fluid

The U.S. Environmental Protection Agency (EPA) has entered consent orders with two Pennsylvania wastewater treatment facility operators that have…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

Fourth Circuit upholds Corps mountaintop mining permit

The Fourth Circuit Court of Appeals has upheld a U.S. Army Corps of Engineers (Corps) permit for a mountaintop mine. Ohio Valley Envtl. Coal., Inc. v…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

EPA deems waste-derived coal a non-waste fuel

The Environmental Protection Agency (EPA) indicated in a May 8, 2013, letter to Vexor Technology that Vexor's coal substitute could be treated as…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

EPA approves five new alternatives to ozone-depleting chemicals

The U.S. Environmental Protection Agency (EPA) published a determination of acceptability on May 17, 2013, identifying five new substitutes for…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

EIA report details GHG emission trends by state

The U.S. Energy Information Administration (EIA) has issued a report detailing greenhouse gas (GHG) emissions and trends by state. According to the…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

California court finds environmental review inadequate to support development

A California state court has determined that the Environmental Impact Report (EIR), prepared in connection with approval of development in the Santa…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

District court says transformer repair may yield CERCLA liability

According to a district court in North Carolina, a company that sent transformers to a facility for repair could be liable under the Comprehensive…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

Insurer must defend Clean Air Act enforcement action

The Fifth Circuit Court of Appeals has determined that an insurer must pay defense costs in a Clean Air Act (CAA) violation action brought by the U.S…
Article

Shook Hardy & Bacon LLP | USA | 31 May 2013

EPA proposes new fuel and vehicle emission standards and extends comment period

The U.S. Environmental Protection Agency (EPA) has published proposed rules that would reduce sulfur in gasoline from 30 to 10 parts per million…
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