The Sixth Circuit Court of Appeals (“Court”) addressed in an April 11th opinion an issue arising out of the proposed removal of a dam. See Barber v. Charter Township of Springfield, Mich., 31 F.4th 382 (2022).
The...more
The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more
6/16/2022
/ AK Supreme Court ,
Breach of Contract ,
Breach of Implied Contract ,
CERCLA ,
Contamination ,
Department of Environmental Conservation ,
Duty to Disclose ,
Fraud ,
Groundwater ,
Misrepresentation ,
Negligence
The Federal Highway Administration (“FHWA”)issued a Notice of Proposed Rulemaking (“NPRM”) which would establish regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle...more
CalRecycle (officially known as the Department of Resources, Recycling and Recovery) issued a news release stating that:
. . . six people face felony recycling fraud and grand theft charges connected to a suspected...more
The Association of State Drinking Water Administrators (“ASDWA”) submitted June 3rd comments on the United States Environmental Protection Agency’s (“EPA”):
Draft Recommended Aquatic life Ambient Water Quality Criteria...more
The Alabama Department of Environmental Management (“ADEM”) and Shelby Concrete, Inc. d/b/a Builders Supply Co. (“Shelby”) entered into a May 18th Consent Order (“CO”) addressing an alleged violation of the Alabama Air...more
Earthjustice on behalf of several other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on June 7th against the United States Environmental Protection Agency (“EPA”) for an...more
The Supreme Court of Texas (“Court”) addressed in a February 11th opinion what constitutes an operator for purposes of a wastewater permit. See Texas Commission on Environmental Quality v. Maverick County, 642 S.W.3d 537. ...more
The United States Environmental Protection Agency (“EPA”) has withdrawn a direct final rule amending 40 CFR Section 312.1 which would revise the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas (“Lake Village”) entered into an April 26th Consent Administrative Order (“CAO”) addressing...more
6/9/2022
/ Administrative Consent Order (ACO) ,
Civil Monetary Penalty ,
Clean Water Act ,
Compliance ,
Corrective Action Plans (CAPs) ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Enforcement ,
Environmental Violations ,
NPDES ,
Wastewater
The Michigan Court of Appeals (“Court”) addressed in a February 1st opinion the scope of a prescriptive easement in a riparian context. See Astemborski v. Manetta, 2022 WL 301296 (Mich. Ct. App. Feb. 1, 2022).
The...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that it denominates the:
Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Proposed...more
The United States Environmental Protection Agency (“EPA”) issued an April 2022 Resource Conservation Recovery Act (“RCRA”) Information Bulletin titled:
Ensuring and Determining Compliance with Land Disposal Restrictions...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Norphlet, Arkansas (“Norphlet”) entered into an April 26th Consent Administrative Order (“CAO”) addressing alleged...more
The New Mexico Environment Department (“NMED”) issued a May 19th Request for Information (“RFI”) addressing:
Scientific Findings and Available Technology Related to PFAS-Contaminated Livestock and Disposal and/or...more
The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution...more
The Tennessee Department of Environment & Conservation (“TDEC”) issued a May 9th Proposed Order and Assessment (“Order”) to TForce Freight, Inc. (“TFI”) related to alleged violations of the Tennessee underground storage tank...more
The Supreme Court of New Mexico (“Court”) addressed in a December 16th opinion the legality of the 2018 Annual Renewable Energy Plan (the “2018 Plan”) between El Paso Electric Company (“El Paso Electric”), a public utility...more
The United States Environmental Protection Agency (“EPA”) and Sonoco Hickory, Inc. (“Sonoco“) entered into a May 19th Consent Agreement (“CA”) addressing alleged violations of hazardous waste regulations. See Docket No....more
The Texas Commission on Environmental Quality (“TCEQ”) Air Permits Division announced the issuance of a new Readily Available Permit (“RAP”) for power generation engines....more
The Natural Resources Division (“NRD”) of the Arkansas Department of Agriculture issued a press release referencing what it describes as its Updated Arkansas Nutrient Reduction Strategy (“ANRS”)....more
The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”)...more
The Supreme Court of Texas (“Court”) addressed in a May 20th opinion an issue arising out of certain licensing and related requirements imposed by a general-law municipality on a firm that removes solid waste (often...more
The Tennessee Department of Environment and Conservation (“TDEC”) and RUMI Stores, Inc. (“RSI”) entered into a May 25th Agreement and Order (“Agreement”) addressed alleged violations of the Tennessee underground storage tank...more
The United States District Court for the District of Rhode Island (“D.R.I.”) addressed in an Opinion whether insurance coverage is applicable to the release of gasoline from an aboveground storage tank (“AST”) associated with...more