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NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

Postconsumer PET Container Recycling Activity in 2016: NAPCOR/The Association of Plastic Recyclers Report

NAPCOR and the Association of Plastic Recyclers (collectively, “NAPCOR”) issued an October 31, 2017, report titled: Postconsumer PET Container Recycling Activity in 2016 (“Report”) ...more

Arkansas Energy Personnel Moves: Arkansas Petroleum Council Executive Director Tom Parker Announces Retirement

Arkansas Petroleum Council (“APC”) Executive Director Tom Parker has announced he will retire December 31st. Tom also serves as the Southern Region Director of the American Petroleum Institute (“API”)....more

NESHAP/Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Dry Cleaning Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more

REMINDER: Arkansas Environmental Federation Health & Safety Seminar: Little Rock, Arkansas – November 2nd

The Arkansas Environmental Federation (“AEF”) will hold a Health and Safety Seminar (“Seminar”) on November 2nd in Little Rock, Arkansas....more

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

Arkansas Water Provider Legislative Task Force: November 8th Meeting Scheduled

...The Task Force was created by Act 1056 during the 89th Arkansas General Assembly. The legislation declared a number of findings regarding the water utilities provision of water to state residents. Issues associated with...more

U.S. EPA Environmental Appeals Board: Colrain, Massachusetts Cotton Bleachery Challenges NPDES Permit Copper Limit

The Barnhardt Manufacturing Company (“BMC”) filed an October 12th Appeal for Review (“Appeal”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain...more

Air Enforcement: Arkansas Department of Environmental Quality and Malvern Pallet/Sticker Manufacturing Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Malvern Wood Products, Inc. (“MWPI”) entered into an October 4th Consent Administrative Order (“CAO”) to address alleged violations of an air permit. See LIS No....more

Challenge to Electric-Drive/Hybrid-Drive Vehicle Fee: Supreme Court of Oklahoma Opinion

The Supreme Court of the State of Oklahoma (“Court”) issued an October 24th opinion addressing a challenge filed by the Sierra Club to Oklahoma legislation which created the Motor Fuels Tax Fee (“H.B. 1449 [ Legislation]”)...more

Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Maben, Mississippi Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Maben, Mississippi (“City”) entered into a September 19th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution...more

Criminal Enforcement/Resource Conservation and Recovery Act: United States Department of Justice Announces Guilty Plea of Metal...

The United States Department of Justice (“DOJ”) announced in an October 18th news release that Phillip Michael Huddleston pleaded guilty to violating the Resource Conservation Recovery Act (“RCRA”). DOJ states alleges that...more

Lake Conway Point Remove Watershed Alliance Receives Arkansas Natural Resources Commission Grant: October 16th Arkansas Water...

The October 16th edition of the Arkansas Water Resources Center publication Arkansas Water Currents (“AWC”) notes that the Lake Conway Point Remove Watershed (“LCPRW”) Alliance (“Alliance”) received a $75,000 grant from the...more

Arkansas' 1-hr SO2 Saga!!: Stuart Spencer (Arkansas Department of Environmental Quality) Association of Air Pollution Control...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...more

Tax Credits/Solar Energy: Arizona Appellate Decision Describing Purchasers' Breach of Contract Action

An October 16th Arizona Court of Appeals decision describes a breach of contract action in a lower court involving the purchase of a residential solar energy system. See Lakosky v. The Solar Store, LLC, 2017 WL 4614724....more

Tax Free Sale of Undyed Kerosene from Blocked Pumps: Petroleum Marketers Association of America References IRS Compliance Bulletin

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The Petroleum Marketers Association of America (“PMAA”) in the October 20th edition...more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62...more

Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification: American Council for an Energy-Efficient...

The American Council for an Energy-Efficient Economy (“ACEEE”) has issued an October 2017 report titled: Recent Developments in Energy Efficiency Evaluation, Measurement, and Verification (“Report”) ...more

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a...more

Happy Birthday!: Clean Water Act Turns 45 Today

The Clean Water Act was enacted in 1972. As a result, it turns 45 today. President Richard Nixon is credited with the creation of the United States Environmental Protection Agency and signing of the National Environmental...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Nashville, Tennessee Hospital Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hospital Authority of the Metropolitan Government of Nashville and Davidson County (d/b/a Nashville General Hospital [“Metropolitan”]) entered into a September...more

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