The Conservation Law Foundation (“CLF”) filed a June 19th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against the...more
The United States Environmental Protection Agency (“EPA”) Region 6 Office announced in a June 29th news release that it approved certain revisions to a State of Arkansas State Implementation Plan (“SIP”).
The approved...more
The United States Senate Environment and Public Works Committee held a June 13th hearing titled:
Oversight of the Army Corps’ Regulation of Surplus Water and the Role of States’ Rights (“Hearing”)
...more
The Petroleum Marketers Association of America (“PMAA”), National Association of Truck Stop Operators, National Association of Convenience Stores, and Food Marketing Institute (collectively “Group”) sent a June 20th letter to...more
The Arkansas Department of Environmental Quality (“ADEQ”) and Curtis Construction, Inc. (“CCI”) entered into a May 24th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas Pollution Control and...more
The United States District Court for the Eastern District of Louisiana (“Court”) addressed in a May 30th opinion a dispute between a buyer and seller of real property related to a contract provision addressing responsibility...more
6/29/2018
/ Breach of Implied Contract ,
Commercial Property Owners ,
Contaminated Properties ,
Contract Terms ,
Department of Environmental Quality ,
Due Diligence ,
Failure To Disclose ,
Indemnity Agreements ,
Real Estate Transactions ,
Site Remediation ,
Statute of Limitations
The United States Supreme Court (“Court”) issued an opinion today in the interstate water dispute between the states of Florida and Georgia.
The Court had previously found that the litigation fit within its original...more
6/29/2018
/ Appeals ,
Apportionment ,
Burden of Proof ,
Equitable Relief ,
Florida v Georgia ,
Original Jurisdiction ,
Remand ,
SCOTUS ,
Special Master ,
Standard of Review ,
States Rights ,
Water ,
Water Rights
The United States District Court for the Northern District of Illinois interpreted in a June 18th decision certain provisions of a wind energy purchase contract (“Contract”). See Barton Windpower, LLC & Buffalo Ridge I, LLC,...more
6/28/2018
/ Breach of Contract ,
Contract Disputes ,
Energy Projects ,
FERC ,
Force Majeure Clause ,
Power Grid ,
Power Purchase Agreements ,
Purchase Agreement ,
Renewable Energy ,
Summary Judgment ,
Wind Power
The Arkansas Environmental Federation will be holding their annual Health & Safety Seminar (“Seminar”) on July 12th.
The seminar will be held at the Arkansas Electric Cooperative Corporation’s Board Room at 1 Cooperative...more
The United States Environmental Protection Agency (“EPA”) and the Trenton Light and Water Department (“TLW”) entered into a June 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain federal...more
Ozarks Water Watch released its annual report summarizing water quality (2017) in the Upper White River basin.
The document is titled:
Status of the Watershed 2018 (“Report”)...more
The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mena, Arkansas (“Mena”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more
6/27/2018
/ Civil Monetary Penalty ,
Clean Water Act ,
Consent Order ,
Corrective Actions ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Enforcement Actions ,
NPDES ,
Stormwater Discharge Permits ,
Waste Treatment Facilities ,
Wastewater
The Texas Supreme Court (“Court”) addressed in a June 22nd decision the validity of a Laredo, Texas ordinance that rendered it:
. . . unlawful for any “commercial establishment” to provide or sell certain plastic or paper...more
The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more
6/27/2018
/ Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Maritime Transport ,
Oil & Gas ,
Petroleum ,
Regulatory Requirements ,
Rulemaking Process ,
Spill Prevention Plans ,
Storage Tanks
The Environmental Council of the States (“ECOS”) has made available a number of state case studies addressing what it describes as two priority contaminants for which the states struggle to communicate the risks.
The two...more
The Arkansas Department of Environmental Quality (“ADEQ”) has scheduled a June 26th Continuing Legal Education Conference titled:
Law and Environment (“Conference”)
...more
The United States Environmental Protection Agency (“EPA”) announced on June 18th that it was approving the State of Oklahoma’s application to operate a permit program for disposal of coal combustion residuals (“CCRs”) in...more
6/26/2018
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Landfills ,
Operational Permits ,
Proposed Rules ,
RCRA ,
Regulatory Oversight ,
Utilities Sector ,
Waste Disposal ,
Waste Management ,
Water Infrastructure Improvements for the Nation Act (WIIN)
The Missouri Court of Appeals addressed in a June 19th opinion whether an abutting landowner had riparian rights to a man-made waterbody. See Incline Village Board of Trustees v. Edler, 2018 WL 3028993.
The key issue was...more
The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more
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
The United States Department of Justice (“DOJ”) issued a June 5th news release stating that Fuel Bio One LLC (“FBO”) pleaded guilty to an alleged Clean Water Act violation.
FBO allegedly discharged over 45,000 gallons of...more
The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Searcy (“City”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution...more
The United States Department of Energy (“DOE”) published a June 20th Federal Register notice announcing updated Guidance for the hydroelectric components of the Energy Policy Act of 2005 program. See 83 Fed. Reg....more
The Northeast-Midwest Institute issued a report titled:
Source Water Quality and the Cost of Nitrate Treatment in the Mississippi River Basin (Report)
...more
The Illinois Chapter of the Sierra Club and Friends of the Chicago River (collectively “Sierra Club”) sent a June 14th Clean Water Act Notice of Intent to Sue Trump International Hotel & Tower (“Trump International”) for...more