The United States Environmental Protection Agency (“EPA”) and Magnolia Waco Properties, LLC (“MWP”) entered into a Consent Agreement and Final Order (“Consent Agreement”) addressing alleged violations of the Lead-Based Paint...more
6/8/2018
/ Abatement ,
Civil Monetary Penalty ,
Construction Project ,
Construction Workers ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Homeowners ,
Housing Developers ,
Lead Paint ,
Painting Contractors ,
Renovations ,
Toxic Exposure
The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations...more
The United States Occupational Safety and Health Administration (“OSHA”) announced the proposed assessment of civil penalties to C & D Technologies, Inc. (“C & D”) for alleged violations.
C & D is stated to operate a...more
The Ohio Supreme Court (“Court”) in a May 31st opinion addressed the application of Ohio’s use tax to an Ohio facility processing slag. See Lafarge North America, Inc., v. Testa, Tax Commr., 2018 WL 2440300.
Lafarge North...more
The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mountain View, Arkansas (“Mountain View”) entered into an April 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more
The Beaver Watershed Alliance (“BWA”) announced in a June 1st news release that its Board of Directors selected Clell Ford as the organization’s new Executive Director.
Mr. Ford’s duties are stated to include:
. . ....more
The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more
6/5/2018
/ Administrative Procedure Act ,
Clean Water Act ,
Judicial Review ,
Land Developers ,
National Historic Preservation Act ,
Permits ,
Property Owners ,
Statute of Limitations ,
Tribal Lands ,
US Army Corps of Engineers ,
Wetlands
The United States Department of Energy Office of Inspector General (“OIG”) issued a May 2018 Audit Report titled:
The Federal Energy Regulatory Commission’s Natural Gas Certification Process (“Report”)
...more
\The United States Court of Appeals for the Ninth Circuit (“Court”) addressed whether a California tax-sale purchaser was entitled to a third-party defense provided by the Comprehensive Environmental Response, Compensation,...more
The Arkansas Department of Environmental Quality (“ADEQ”) issued a Request for Qualifications (“RFQ”):
Design Professional Contract Related to Releases from Regulated Storage Tanks
...more
The Alabama Department of Environmental Management (“ADEM”) and Hydro-Vac Industrial Services, Inc. (“HISI”) entered into a May 16th Special Order by Consent (“Consent”) addressing alleged certain violations of ADEM Admin....more
The United States Environmental Protection Agency (“EPA”) and Preston Dairy & Farm Association, Incorporated, (“Association”) entered into an Expedited Settlement Agreement and Final Order (“ESA”) addressing an alleged...more
The United States Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a citizen suit enforcement action on May 7, 2018 to enjoin the construction of a funeral home and mortuary in Howard County,...more
The Arkansas Department of Environmental Quality announced in a May 29th news release that it is:
. . . seeking feedback on a pre-proposal draft regulation, prior to initiation with the Arkansas Pollution Control and...more
The Tennessee Air Pollution Control Board issued a May 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Kokomo Grain Co., Inc., (“KGCI”).
The Order addresses an alleged violation of certain...more
The Region 6 Office of the United States Environmental Protection Agency (“EPA”) announced in a May 30th news release that it awarded Arkansas $1,410,226 in grants to support certain state environmental programs.
EPA...more
The Court of Appeals of Indiana (“Court”) addressed in a May 21st opinion whether the Indiana Utility Regulatory Commission (“Commission”) was correct in holding that the utility Duke Energy Indiana, LLC, could recover...more
The Missouri Department of Natural Resources (“DNR”) and Ridenhour Directional Drilling, Inc. (“RDDI”) entered into a May 3 Abatement Order on Consent (“Consent”) addressing alleged violations of the Missouri Clean Water Law...more
The Arkansas Department of Environmental Quality (“ADEQ”) has announced a training opportunity titled:
Pollution Prevention and Lean Principles Training (“Training”)
...more
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a May 18th opinion an appeal from the United States District Court for the Northern District of Mississippi (“USDC”) of a breach of warranty...more
The Arkansas Oil Marketers Association circulated an announcement by the Federal Motor Carrier Safety Administration (“FMCSA”) which provides a Regional Emergency Declaration related to Subtropical Storm Alberto....more
The Tenth Circuit Court of Appeals (“Court”) addressed in a May 14th opinion a constitutional challenge to a Wyoming City’s flow control ordinance. See Dirty Boyz Sanitation Serv. Inc., v. City of Rawlins, Wyoming, No....more
5/30/2018
/ Constitutional Challenges ,
Contract Amendments ,
Contracts Clause ,
Department of Environmental Quality ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Landfills ,
Local Ordinance ,
Preemption ,
Solid Waste ,
Supremacy Clause ,
Waste Management
The Court of Special Appeals of Maryland (“Court”) addressed an appeal of a Circuit Court for Anne Arundel County, Maryland, (“Circuit Court”) decision upholding Maryland Department of the Environment (“MDE”) permits for...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application.
Section 404 of the Clean Water Act applies to...more
A number of environmental organizations filed a May 24th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging as unlawful and arbitrary and capricious the:
. . . December 22, 2017 Solicitor’s...more