Searching Content indexed under Waste Management by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement And The Statute Of Limitation
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case...
United States
28 Feb 2018
Tenth Circuit Finds CERCLA Contribution Claim Not Barred By Bankruptcy Approval Of A Settlement Estimating Liability For The Site
Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action...
United States
23 Jun 2017
Supreme Court Asked To Allow Immediate Judicial Review Of Clean Water Act Jurisdictional Determinations
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review.
United States
18 Nov 2014
EIR Air Quality Analysis Insufficient: Lack Of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, And Evidence Supporting Measures’ Effectiveness In Substantially Reducing Air Quality Impacts Blamed
The Fifth District Court of Appeal reversed the approval of a controversial Environmental Impact Report and found that it violated the California Environmental Quality Act.
United States
18 Jun 2014
Developer-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA
The First District Court of Appeal approved the alternatives analysis used to support a massive 35-year landfill expansion in the Suisun Marsh.
United States
4 Jun 2014
Contaminated But Remediated Soil And Cortese Listing Does Not Compel Preparation Of EIR
As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to require an EIR in connection with a mixed use development project for two reasons: (1) appellants Parker Shattuck failed to identify substantial evidence to create a fair argument that the disturbance of contaminated soil would have a significant effect on the environment; and (2
United States
21 Jan 2014
New And Revised Nationwide Permits For Dredge And Fill Activities
The Army Corps of Engineers last week released new and revised Nationwide Permits for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act.
United States
2 Mar 2012
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