Login

Forgot password?
Sign up today and your first download is free.
REGISTER

Litigation

Supreme Court Ruling On Contract Law May Boost DOD Cleanup Costs

A recent Supreme Court ruling that all but bars the Department of Defense (DOD) and other federal defendants from citing insufficient funds as a reason to limit contract payments could significantly increase federal reimbursements for cleanup costs of aerospace, defense and other contractors, industry sources say.

792 words

7888

HIGH COURT RULING ON CONTRACT LAW COULD BOOST DOD CLEANUP COSTS

A recent Supreme Court ruling that all but bars the Defense Department (DOD) and other federal defendants from citing insufficient appropriations as a reason to limit contract payments could significantly increase federal cleanup cost payments to federal aerospace, defense and other contractors, industry sources say.

818 words

71104

NEPA SUIT SEEKS PERMANENT INJUNCTION OF STRYKER BRIGADE PLANS

In a case that could alter DOD's plans to create a rapid-reaction strike force with global reach, several environmental groups Feb. 22 asked a federal judge to halt the Army's plan to transform a Hawaii-based infantry division into a Stryker Brigade Combat Team (SBCT), citing violations of the National Environmental Policy Act (NEPA).

725 words

71116

INDUSTRY CONSIDERS HIGH COURT REVIEW OF LANDMARK CLEANUP ORDER

A major manufacturing company may appeal an unprecedented federal appellate ruling that industry officials say will allow courts to determine cleanup remedies without input from regulators, claiming the ruling may force much more stringent cleanups than are necessary to protect public health.

769 words

71118

DOJ URGES FEDERAL COURT TO REJECT TORT SUIT BY AGENT ORANGE VICTIMS

The Department of Justice (DOJ) is urging a federal court to reject a class-action lawsuit against U.S. chemical manufacturers filed last year by victims of the Vietnam War-era defoliant Agent Orange, saying the suit would set a precedent allowing foreign soldiers to sue U.S. companies for providing the military with weapons and other supplies. DOJ also says the case would interfere with the president's ability to conduct war.

558 words

71119

5TH CIRCUIT AVIALL RULING TO SLOW REVIEW OF NEW SUPERFUND RELIEF AVENUE

RELIEF AVENUE

The 5th Circuit Court of Appeals' decision last month to send questions remanded by the Supreme Court in its landmark Aviall ruling on Superfund cost recovery to a federal district court may slow judicial reconsideration of alternative avenues for seeking cleanup costs under the law, industry sources say.

461 words

71120

FEDERAL COURT ALLOWS LANDMARK SUIT AGAINST DOD BASE TO ADVANCE

A federal judge is allowing an unprecedented lawsuit to proceed against DOD's plan to build a new airbase off the coast of Okinawa, Japan, finding that a U.S. law governing the preservation of historic sites may require the military to consider the impact of the project on an endangered sea mammal found in the surrounding waters.

617 words

71121

JUDGE REJECTS ACTIVISTS' BID TO BLOCK EXPORT OF TOXIC NAVAL VESSELS

A federal judge has cleared the way for the Bush administration to export contaminated naval vessels for dismantling abroad, after dismissing environmentalists' lawsuit that charged the scheme violated U.S. environmental laws.

But environmentalists are still declaring a victory, saying the suit forced the Department of Transportation's Maritime Administration (MARAD) to conduct additional environmental analyses of its plans and apply to EPA for a rulemaking to determine whether the plan violated a long-standing ban on exports of polychlorinated biphenyls (PCBs).

505 words

71124

ACTIVISTS SEEK SUMMARY JUDGMENT IN EFFLUENT GUIDELINES REVIEW CASE

Environmentalists are filing a motion for summary judgment calling for a federal court to require EPA to perform thorough reviews of all existing effluent guidelines on an annual basis, in the latest action of a running legal battle between activists and EPA over the program.

Activists' motion for summary judgment, and a separate brief opposing a motion from EPA, were filed Feb. 28 in Ecological Rights Foundation and Our Children's Earth Foundation v. U.S. EPA, which is being heard in the U.S. District Court for the Northern District of California.

350 words

71085

INDUSTRY PRAISING APPEALS COURT DECISION TO REHEAR REMINING RULE CASE

The mining industry is calling a federal appeals court's decision to rehear a key case involving EPA regulations on certain types of mining effluent a "very favorable development," according to industry sources.

The U.S. Court of Appeals for the 6th Circuit Feb. 23 granted EPA's request for an en banc rehearing of Citizens Coal Council, et al. v. EPA and stayed its previous mandate that EPA either withdraw the so-called remining rule or issue a new rule consistent with its decision.

630 words

71086

Pages