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Results: 1-10 of 115

D.C. Circuit rules EPA must require monitoring for PM2.5 in permitting actions
  • Shook Hardy & Bacon LLP
  • USA
  • February 1 2013

The D.C. Circuit Court of Appeals has remanded portions of the U.S. Environmental Protection Agency's (EPA's) rules under the Clean Air Act (CAA


Federal court issues preliminary injunction against phosphate mining project
  • Shook Hardy & Bacon LLP
  • USA
  • July 22 2011

A federal court in Florida has issued a preliminary injunction barring Mosaic Company from beginning to mine a 700-acre portion of the Hardee County extension of the South Meade phosphate mine


Challenge to EPA's medical waste incineration rules rejected
  • Shook Hardy & Bacon LLP
  • USA
  • July 15 2011

The D.C. Circuit Court of Appeals has denied an industry challenge to EPA’s emissions standards for new and existing hospital, medical and infectious waste incinerators


NRC not required to hold hearing on need for EIS on risks of terrorist attack
  • Shook Hardy & Bacon LLP
  • USA
  • February 25 2011

The Ninth Circuit Court of Appeals has ruled that the Nuclear Regulatory Commission (NRC) is not required to hold a closed hearing on its decision to forgo an environmental impact statement (EIS) on the potential effects of a terrorist attack before approving additional nuclear waste storage at a California power plant


Environmental groups challenge Kansas coal-fired power plant
  • Shook Hardy & Bacon LLP
  • USA
  • January 28 2011

Environmental groups have petitioned a Kansas appeals court to overturn a final air emission source construction permit issued to Sunflower Electric Power Corp. by the Kansas Department of Health and Environment (KDHE) to construct new coal-fired generating units at Holcomb Station in western Kansas


DC Circuit remands Mobile-Sierra case back to FERC
  • McDermott Will & Emery
  • USA
  • November 10 2010

The U.S. Court of Appeals for the District of Columbia Circuit recently remanded Maine Public Utilities Commission v. FERC to the Federal Energy Regulation Commission


Wetlands: federal court enjoins Florida strip mine
  • Shook Hardy & Bacon LLP
  • USA
  • August 13 2010

A federal judge in Florida has granted a request for a preliminary injunction to prevent the strip mining of phosphate at a 10,800-acre site in central Florida


U.S. Supreme Court rejects "prevailing party" standard for ERISA fee awards
  • Jorden Burt LLP
  • USA
  • May 28 2010

On May 24, 2010, the U.S. Supreme Court issued its decision in Hardt v. Reliance Standard Life Insurance Company, which decisively interpreted the parameters of ERISA's discretionary fee-shifting provision


Supreme Court changes rules for attorneys’ fees awards under ERISA increase in fee petitions expected
  • McDermott Will & Emery
  • USA
  • May 27 2010

This decision will likely result in an increase in fee petition filings under ERISA Section 502(g)(1) because claimants will now ask district courts to examine whether they achieved "some degree of success" under the Supreme Court's new test


"Prevailing party" status not necessary for an ERISA attorneys' fees award
  • Hinshaw & Culbertson LLP
  • USA
  • May 26 2010

In a decision authored by Justice Clarence Thomas, the United States Supreme Court has declared that an ERISA claimant need not be a “prevailing party” to be eligible for an attorneys’ fees award