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Soil Testing/Environmental Assessment Question: January 9th Commonground Forum Question

The blog Commonground addressed a question regarding sampling at a leaking petroleum underground storage tank site....more

Advisory Committee on Petroleum Storage Tanks – February Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Comprehensive Environmental Response, Compensation and Liability Act/Hardrock Mining: February 21st Announcement of Declination to...

The United States Environmental Protection Agency (“EPA”) published a February 21st Federal Register Notice announcing its decision to not issue final regulations for Comprehensive Environmental Response, Compensation and...more

Water Enforcement: Mississippi Commission on Environmental Quality and Biloxi, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality and Waring Oil Company, LLC (“Waring”) entered into a January 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to the release of...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Lake Property Ownership: Montana Supreme Court Addresses Riparian Boundary Dispute

The Supreme Court of Montana addressed a dispute between two neighbors over ownership of a portion of a non-navigable lake. Ash v. Merlette, 407 P.3d 304, 307 (Mont. 2017). A lower court (District Court) held that a...more

Four Energy Conservation Standards: Federal Court Addresses Lawsuit Alleging Department of Energy Violation of Energy Policy and...

A United States District Court (Northern District of California) addressed in a February 15th Order a Motion for Summary Judgment arguing that the United States Department of Energy (“DOE”) violated the Energy Policy and...more

Pesticide/FIFRA Enforcement: U.S. Environmental Protection Agency and Amazon Services, LLC Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Amazon Services, LLC (“Amazon”) entered into a February 14th Consent Agreement (“CA”) addressing alleged violations of the Federal Insecticide, Fungicide, and...more

FY 2019 President's Budget Request: Relevant Programmatic Figures

Various state environmental agency organizations have commented on the fiscal year 2019 President’s Budget Request (“Budget”). The organizations addressing the Budget include: The National Association of Clean Air...more

Arkansas Water Resources Center Annual Water Conference: July 23rd/24th Fayetteville, Arkansas

The Arkansas Water Resources Center (“AWRC”) announced that its annual water conference will be held on July 23rd and 24th in Fayetteville, Arkansas. AWRC states that the theme for the conference is “The Value of Water.”...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Pasco, Washington Frozen Food Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and CRF Frozen Foods Ltd. entered into a February 5th Expedited Settlement Agreement addressing alleged violations of regulations (40 C.F.R. Part 68) implementing...more

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lexicon, Inc. (“LI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 18-013. The...more

Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of...

The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763. The RFP is being issued...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

Stormwater/Poultry Processing Plants: U.S. Poultry & Egg Association Announces Completion of Research Project

The U.S. Poultry & Egg Association (“Poultry & Egg Association”) announced what it described as a funded research project at the University of Georgia in which: . . . researchers questioned the role of poultry...more

Leaking Underground Storage Tank Program: Petroleum Marketers Association of America Notes Administration's 2019 Funding Proposal

A Petroleum Marketers Association of America (“PMAA”) February 13th publication noted the White House’s proposal for funding the federal leaking underground storage tank program. The Arkansas Oil Marketers Association is a...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Ozark Society, Inc. Intervention in Arkansas Pollution Control and Ecology...

The Ozark Society, Inc. and three individuals filed a January 26th Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc. (“C&H”) Request for Adjudicatory Hearing and Commission Review...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

National Fish and Wildlife Foundation Grant: Beaver Watershed Alliance Awarded $37,710.56

The Beaver Watershed Alliance (“BWA”) announced that it has been awarded a grant totaling $37,710.56 from the National Fish and Wildlife Foundation (“Foundation”). BWA states that the award is being granted in response to...more

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Water and Wastewater Workforce: January 2018 U.S. Government Accountability Office Report Addressing Recruiting

The United States Government Accountability Office (“GAO”) issued a January 2018 report titled: Water and Wastewater Workforce – Recruiting Approaches Help Industry Hire Operators, but Additional EPA Guidance Could Help...more

Hexavalent Chromium/OSHA Enforcement: Kansas Aircraft Manufacturer Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) has cited Spirit Aerosystems, Inc. (“SAI”) for alleged violations involving hexavalent chromium....more

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