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Transportation/Hazardous Materials Regulation: July 10 Interpretive Letter Addressing Intermediate Bulk Containers

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a July 10th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) to intermediate bulk containers...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Crittenden County, Arkansas Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and PJ Country Store, Inc. (“PJ”) entered into a June 21st Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution...more

OSHA Enforcement: Ohio Aluminum Manufacturer Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a June 20th news release stating that it cited Ohio Gratings, Inc. (“OGI”) for alleged violations. OGI is described as a manufacturer of aluminum, stainless...more

Civil Environmental Enforcement: July 11th U.S. Environmental Protection Agency Memorandum Addresses Federal/State Partnerships

The United States Environmental Protection Agency (“EPA”) issued a July 11th memorandum titled: Enhancing Effective Partnerships Between the EPA and the States in Civil Enforcement and Compliance Assurance Work...more

Asbestos Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Addressing Covington County,...

The Alabama Department of Environmental Management (“ADEM”) is proposing to issue an Administrative Order (“AO”) to Covington Mall, LLC (“Covington”) addressing an alleged violation of the federal National Emission Standard...more

Arkansas Medical Marijuana Update and Impacts on Businesses: July 16 Arkansas Environmental Federation Presentation

My law firm colleague, Nate Read, and I undertook a presentation at the Arkansas Environmental Federation Health and Safety Seminar titled: Medical Marijuana Update and Impacts to Businesses (“Presentation”) ...more

Compensatory Mitigation for Losses of Aquatic Resources (Mitigation Rule): U.S. EPA/Corps of Engineers Webinar Addressing Possible...

The United States Environmental Protection Agency and Corps of Engineers (collectively “Corps”) is undertaking a review of the Comprehensive Mitigation for Losses of Aquatic Resources rule (“Mitigation Rule”). The...more

Reclassification of Major Sources as Area Sources: U.S. Environmental Protection Agency Proposed Revisions to Clean Air Act...

The United States Environmental Protection Agency (“EPA”) is proposing provisions to the General Provisions of the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”). David Carstens of Harbor...more

Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR) and Consecutive System In-Depth Analysis: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a July 2019 report titled: Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR) and Consecutive System In-Depth Analysis (“Report”)...more

Stormwater Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas Construction Site Operator Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Heritage Homes and Development of Central Arkansas, Inc. (“Heritage”) entered into a June 21st Consent Administrative Order (“CAO”) addressing an alleged violation...more

SPCC Enforcement: U.S. Environmental Protection Agency and Litchfield, NH Sand and Gravel Facility Operator Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Continental Paving, Inc. (“Continental”) entered into a June 7 Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill...more

Mold/Damage Claim: California Appellate Court Addresses Causation Question

A California Court of Appeal (“Court”) addressed in a July 2nd opinion an issue associated with a damage claim involving mold/water intrusion. See Longmire v. 1022 10th Street, Inc., Court of Appeal of California,...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Russellville, Arkansas Wood Processing/Treatment...

The Arkansas Department of Environmental Quality (“ADEQ”) and Stella Jones Corporation (“SJC”) entered into a June 24th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

Coal Hydrogenation Refinery: Petition Filed Challenging Indiana Environmental Management PSD Permit

Southwestern Indiana Citizens for Quality of Life, Inc. and Valley Watch, Inc. (collectively “Petitioners”) filed a July 11th Petition for Administrative Review (“Petition”) challenging the Indiana Department of Environmental...more

Draft Recovery Plan Revisions/Endangered Species Act: U.S. Fish and Wildlife Service Public Notice for 43 Species/16 States...

The United States Fish and Wildlife Service (“Service”) published a June 27th Federal Register Notice announcing the availability for public review and comment of 29 draft recovery plan revisions (“Revisions”). See 84 Fed....more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Madison County, Alabama, Metal Finishing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Aerostar Industries, Inc. (“Aerostar”) entered into a June 12th Consent Order (“CO”) addressing alleged violations of the Alabama Code related to hazardous...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Wheatley, Arkansas Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Wheatley, Arkansas, (“Wheatley”) entered into a June 11th Consent Administrative Order addressing alleged violations of the Clean Water Act National...more

Asbestos/Criminal Enforcement: U.S. Attorney (District of Connecticut) Announces Guilty Plea for Asbestos Removal

The United States Attorney’s Office for the District of Connecticut issued a May 23rd news release stating that Aleks Rakaj plead guilty to one count of illegal asbestos removal in violation of the Clean Air Act. The...more

Drinking Water State Revolving Fund Program: U.S. Environmental Protection Agency Memorandum Addressing National Priorities

The United States Environmental Protection Agency (“EPA”) issued a June 5th memorandum titled: National Priorities for the Drinking Water State Revolving Fund Program (“Memorandum”) ...more

Solid Waste Enforcement: Arkansas Department of Environmental Quality and Independence County, Arkansas School District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Southside School District (“District”) entered into a June 6th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

U.S. Environmental Protection Agency Draft Interim Recommendations for Addressing Groundwater Contaminated with PFOA/PFOS: ASTSWMO...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted June 10th comments to the United States Environmental Protection Agency (‘EPA”) addressing the: Draft Interim Recommendations...more

Procedural Provisions/National Environmental Policy Act: Council of Environmental Quality Proposed Revisions

The Council of Environmental Quality (“CEQ”) is soliciting comment on potential revisions to its National Environmental Policy Act (“NEPA”) regulations. CEQ is the Executive Branch Office that was created by NEPA to ensure...more

Self-Disclosure/Air Enforcement: Arkansas Department of Environment Quality and West Memphis, Arkansas, Barge Loading Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Consolidated Grain and Barge Co. (“Consolidated”) entered into a May 29th Consent Administrative Order (“CAO”) to address an alleged violation of an air permit....more

Water Enforcement: U.S. Environmental Protection Agency and Goshen, New York Transfer Station Operator Enter Into Consent...

The United States Environmental Protection Agency (“EPA”) and IWS Transfer Systems of NY, Inc. (“IWS”) entered into a Consent Agreement and final Order (“CA”) addressing alleged violations of a Clean Water Act Multi-Sector...more

U.S. Forest Service National Environmental Policy Act Regulations: Proposed Revisions

The United States Forest Service (“Service”) published a proposal in the June 13th Federal Register that contains a package of revisions to its National Environmental Policy Act (“NEPA”) regulations. See 84 Fed. Reg....more

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