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Results: 1-10 of 792

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


Louisiana Supreme Court reverses class certification ruling in rail car leak case
  • Shook Hardy & Bacon LLP
  • USA
  • March 23 2012

The Louisiana Supreme Court has reversed a lower court’s certification of a class of plaintiffs who alleged they were exposed to ethyl acrylic fumes from a railroad tank car leak


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."


Owners of downgradient property not liable under CERCLA
  • Shook Hardy & Bacon LLP
  • USA
  • October 5 2012

A federal court in New York has absolved from liability under the Comprehensive Environmental Response, Compensation, and Liability Act owners of property adjacent to a church from which groundwater containing contaminants had migrated


Ninth Circuit holds agencies cannot amend rules through court settlements
  • Shook Hardy & Bacon LLP
  • USA
  • May 10 2013

The Ninth Circuit Court of Appeals has vacated a consent decree that provided a remedy in a challenge to the Northwest Forest Plan (NFP), a forest


Ninth Circuit upholds California air district’s indirect source rule
  • Shook Hardy & Bacon LLP
  • USA
  • December 17 2010

Affirming a district court decision, the Ninth Circuit Court of Appeals has upheld a San Joaquin Valley Air Pollution Control District (SJVAPCD) rule that regulated "indirect sources" of air pollution by requiring construction companies to quantify a project's emissions and offset excess emissions with air-friendly project offsets or pay a mitigation fee to the district


Seventh Circuit rules laches no bar to breach of contract for failure to remove contaminants
  • Shook Hardy & Bacon LLP
  • USA
  • September 16 2011

The Seventh Circuit Court of Appeals has ruled that a landowner who sold property to The Nature Conservancy but failed to remove contaminants as required by the sales contract cannot bar a breach of contract claim by asserting laches as a defense


Federal court dismisses willful and wanton negligence allegations in suit over asbestos inspection
  • Shook Hardy & Bacon LLP
  • USA
  • November 11 2011

A federal court in Illinois has dismissed a portion of a lawsuit alleging willful and wanton negligence in defendant contractor’s failure to discover asbestos containing materials at a facility


Federal court rules EPA has discretionary authority to intervene in state regulatory policy
  • Shook Hardy & Bacon LLP
  • USA
  • May 11 2012

A federal court in New Jersey has dismissed a lawsuit seeking to force the U.S. Environmental Protection Agency (EPA) to intervene in the New Jersey Department of Environmental Protection’s (NJDEP) regulation of stormwater runoff into the Delaware River