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Arkansas Energy Performance Contracting (AEPC) Summit 2018: June 19th – Little Rock, Arkansas

The Arkansas Advanced Energy Association (“AAEA”) in partnership with the Arkansas Department of Environmental Quality Energy Office is holding a meeting titled: Arkansas Energy Performance Contracting (AEPC) Summit 2018...more

Law and Environment: June 26th Arkansas Department of Environmental Quality Continuing Legal Education Conference

The Arkansas Department of Environmental Quality (“ADEQ”) has scheduled a June 26th Continuing Legal Education Conference titled: Law and Environment (“Conference”) ...more

Government Immunity: Supreme Court of Texas Addresses Proprietary/Governmental Function Test

A June 1, 2018, Supreme Court of Texas (“Court”) opinion addressed whether a Texas municipality enjoyed governmental immunity from a terminated lakefront lessee’s lawsuit. See Wasson Interests, LTD, v. City of Jacksonville,...more

Dental Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Publishes Document Responding to "Frequently...

The United States Environmental Protection Agency (“EPA”) published a May 2018 document intended to respond to what it describes as “Frequently Asked Questions” regarding the recently issued Clean Water Act Dental Effluent...more

Drought Contingency Response Network: June 5th Arkansas Natural Resources Commission Report

The Arkansas Natural Resources Commission (“ANRC”) issued a June 5th document titled: Drought Contingency Response Network Report (“Report”) ...more

U.S. Environmental Protection Agency and "Fixer Upper" (Magnolia Waco Properties, LLC) Enter into Consent Agreement

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

Landfill/Solid Waste Enforcement: Vermont Attorney General and Moretown, Vermont Landfill Operator Enter into Consent Order

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

OSHA Enforcement: Milwaukee, Wisconsin Battery Manufacturer Proposed Penalty Assessment

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

Manufacturing Pelletized Slag: Ohio Supreme Court Addresses Application of Use Tax

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

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Mountain View, Arkansas Enter into Consent...

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

Arkansas Environmental Personnel Moves: Clell Ford Named Beaver Watershed Alliance Executive Director

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

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

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

Federal Energy Regulatory Commission Natural Gas Certification Process: Office of Inspector General Audit Report

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

Tax Sale/Superfund: Federal Appellate Court Addresses Applicability of Third Party Defense

\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

Design Professional Contract/Releases from Regulated Storage Tanks: Arkansas Department of Environmental Quality Request for...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a Request for Qualifications (“RFQ”): Design Professional Contract Related to Releases from Regulated Storage Tanks ...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Washington County, Alabama, Transporter Enter into...

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

Federal Insecticide, Fungicide, and Rodenticide Act Enforcement: U.S. Environmental Protection Agency and Canton, Minnesota Dairy...

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

Construction/Clean Water Act Citizen Suit Enforcement Action: Federal Appellate Court Addresses Standing Issue

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

Arkansas Air Regulations: Arkansas Department of Environmental Quality Seeks Input on Pre-Proposal for Streamlining

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

Air Enforcement: Tennessee Air Pollution Control Board Order and Assessment of Civil Penalty to Manchester, Tennessee Grain...

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

Water Quality/Air Pollution Control/Drinking Water: U.S. Environmental Protection Agency (Region 6) Announces Arkansas Grant...

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

Wind Energy Power Purchase Agreement: Indiana Appellate Court Addresses Whether Costs Are Recoverable from Ratepayers

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

Water Enforcement: Missouri Department of Natural Resources and Drilling Contractor Enter into Abatement Order on Consent

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

Pollution Prevention and Lean Principles Training: Arkansas Department of Environmental Quality Announces July 31-August 1...

The Arkansas Department of Environmental Quality (“ADEQ”) has announced a training opportunity titled: Pollution Prevention and Lean Principles Training (“Training”) ...more

Continuous Emission Monitoring System: Federal Appellate Court Addresses Mississippi Steel Mill Breach of Warranty/Contract Action

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

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