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New Source Review/Clean Air Act: Environmental Organizations Letter Challenging U.S. Environmental Protection Agency Guidance...

The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of  “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations....more

Proposed Constitutional Amendment: Arkansas Attorney General Rejects Clean and Healthy Natural Environment Amendment

Arkansas Attorney General Tim Griffin transmitted a November 4th letter (Opinion No. 2025-110) to Jennifer Waymack Standerfer rejecting a popular name and ballot title for a proposed Arkansas constitutional amendment...more

Directing Oregon State Agencies to Promote Resilience of Communities and Natural and Working Lands and Waters: Oregon Governor...

Oregon Governor Tina Kotek issued an Executive Order titled: DIRECTING STATE AGENCIES TO TAKE URGENT ACTION TO PROMOTE THE RESILIENCE OF OUR COMMUNITIES AND NATURAL AND WORKING LANDS AND WATERS (“EO”)....more

Safe Drinking Water Act: Tennessee Department of Environment and Conservation and Town of Bell Buckle Enter into Agreed Final...

The Tennessee Department of Environment and Conservation (“TDEC”) and Town of Bell Buckle, Tennessee entered into an October 17th Agreed Final Order (“AFO”) addressing alleged violations of certain rules addressing public...more

Economic Analysis of Drainage Water Recycling: Environmental Defense Fund Report Analyzes Opportunities for Supporting Farm...

The Environmental Defense Fund (“EDF”) published a report titled: Economic Analysis of Drainage Water Recycling: Environmental Defense Fund Report Analyzes Opportunities for Supporting Farm Resilience/Water Quality...more

Litigation/CERCLA: Federal Appellate Court Addresses Whether Action Constitutes Cost-Recovery or Contribution

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed an issue arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See Atl. Richfield Co. v. NL Indus., Inc., 132 F.4th...more

Hazardous Materials Endorsement: Energy Marketers of America Letter Requesting Temporary Regulatory Relief from TSA/DOT for CDL...

The Energy Marketers of America (“EMA”) submitted an October 29th letter styled: Request for Regulatory Relief from Renewal of the Hazardous Materials Endorsement for CDL Fuel Drivers (“Request”)....more

Occupational Safety and Health Administration Deregulatory/Clean-Up Initiatives: American Industrial Hygiene Association Comments

The American Industrial Hygiene Association (“AIHA”) submitted November 1st comments styled: Consolidated Comments of the American Industrial Hygiene Association (AIHA) on OSHA’s Deregulatory and Clean-Up Actions...more

Air Enforcement: U.S. Environmental Protection Agency and Chicago Steel Pickling Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Nacme Steel Processing, LLC (“NSP”) entered into an August 7th Consent Agreement and Final Order (“CAFO”) addressing an alleged Clean Air Act violation. See Docket...more

Wetlands/Inverse Condemnation: Washington Appellate Court Addresses Application of Subsequent Purchaser Doctrine

The Court of Appeals of Washington (“Court of Appeals”) addressed in an October 14th Opinion an inverse condemnation issue. See Mark D. Stephens & Lynn Stephens, Appellants, v. Town of Steilacoom, a municipal corporation,...more

Antitrust/Consumer Protection: Five State Attorney Generals Allege Violations by Environmental Organizations Promoting Recycling...

Attorney Generals for five states transmitted October 29th letters to several environmental organizations alleging that they are violating federal and state antitrust laws....more

Information Quality Act/PFAS: Public Employees for Environmental Responsibility Request for EPA Correction

Public Employees for Environmental Responsibility (“PEER”) submitted an October 29th letter to the United States Environmental Protection Agency (“EPA”) styled: Demand for Correction under the Information Quality Act: 1)...more

Examining the Beneficial Use and Regulation of Chemicals: U.S. Senate Committee on Environment & Public Works Chemical Safety,...

The Oversight Committee of the United States Senate Committee on Environment & Public Works held a hearing on October 23rd titled: Examining the Beneficial Use and Regulation of Chemicals (“Hearing”)....more

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper Judicial Action Addressing Alabama Red Rock Mining/Iron Ore...

Black Warrior Riverkeeper (“BWR”) filed on October 16th in the United States District Court for the Northern District of Alabama a Clean Water Act citizen suit action against PB Services, LLC (“PB”). See Case No....more

Streamlining the Review of Deregulatory Actions: U.S. Office of Management and Budget Memorandum

The Memorandum is directed to “Regulatory Policy Officers at Departments and Agencies and Managing and Executive Directors of Commissions and Boards” from Jeffrey Bossert Clark, Sr., Acting Administrator of Office of...more

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Crockett, California Sugar Refinery Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and C&H Sugar Company, Inc. (“CH”) entered into an October 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Water Act. See...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Kyles Ford Electric Cooperative...

The Tennessee Air Pollution Control Board issued on October 21st a Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Powell Valley Electric Cooperative (“PVEC”) addressing alleged violations of...more

Arkansas Water Plan Update: Summary of Activities Completed/Preliminary Timeline Extending Through 2026 Announced

The Arkansas Department of Agriculture (“ADA”) issued an October 27th news release addressing the ongoing Arkansas Water Plan (“AWP”) update. The news release addresses the summary of activities completed to date and a...more

Air Enforcement/Torch Cutting: Ohio Attorney General Judicial Action Addressing Wood County Scrap Recycling Operation

The Ohio Attorney General (“AG”) filed a Complaint for Injunctive Relief and Civil Penalties (“Complaint”) in the Court of Common Pleas in Wood County, Ohio against Bates Recycling, Inc. (“Bates”) for alleged violations of...more

Cooling the Cloud/Water Utilities in a Data-Driven World: American Water Works Association Report

The American Water Works Association (“AWWA”) issued a report titled: Cooling the Cloud: Water Utilities in a Data-Driven World (“Report”)....more

Pretreatment Enforcement/Clean Water Act: Mississippi Commission on Environmental Quality and Ripley Sorbent Product Manufacturer...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Oil Dri Production Company (“ODPC”) entered into an October 21st Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit. See...more

Wood Treaters/Resource Conservation and Recovery Act: U.S. Environmental Protection Agency Interpretive Letter Response to Treated...

United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Deputy Director Andrew Baca transmitted an October 8th Interpretive Letter addressing issues involving wood treatment....more

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Madison, Wisconsin Ice Cream Company Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Schoep's Ice Cream Co. Inc. (“Schoep’s”) entered into a September 10th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section 112(r) of...more

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