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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Alexander Off-roading Area...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Carter Off Road Park, LLC (“Carter”) entered into a November 15th Consent Administrative Order (“CAO”) addressing an alleged...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Neodesha, Kansas, Boat Manufacturer Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Cobalt Boats, LLC (“Cobalt”) entered into a November 3rd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the federal and Kansas...more

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Proposes Rule Addressing Meat and Poultry Products...

The United States Environmental Protection Agency (“EPA”) announced a pre-Federal Register Notice for a proposed rule addressing Clean Water Act effluent limit guidelines for the Meat and Poultry Products (“MPP”) industrial...more

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

Arkansas Regional Solid Waste Management District: Arkansas Appellate Court Addresses Fee Assessment Issue

The Court of Appeals of Arkansas (“Appellate Court”) addressed in a November 29th Opinion the Arkansas Regional Solid Waste Management Districts’ (“ARSWMD”) ability to assess certain fees. See Benton County Regional Solid...more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Midway Fiberglass Boat...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and White River Marine Group, LLC (“White River”) entered into an October 19th Consent Administrative Order (“CAO”) addressing an...more

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Bristol Pharmaceutical Manufacturer

The Tennessee Air Pollution Control Board (“Board”) issued a September 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Gregory Pharmaceutical Holdings, Inc. (“GPHI”). The Order...more

404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

The Aluminum Paradox/Aluminum Industry: Environmental Integrity Project Report

The Environmental Integrity Project (“EIP”) published a September 27th report titled: The Aluminum Paradox: Vital for Clean Energy, but also a Major Source of Greenhouse Gases, Air and Water Pollution (“Report”)...more

Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North Little Rock Site...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Maly Constructions, LLC (“MC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing alleged violations...more

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter...

The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit....more

Hazardous Waste Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Mena Aircraft...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Crider Aircraft Painting, Inc., (“CAP”) entered into an August 14th Consent Administrative Order (“CAO”) addressing alleged...more

Pope County Fuel Station Request for Hearing/Petroleum Storage Tank Trust Fund: Mena Short Stop Motion to Dismiss without...

Mena Short Stop, LLC, (“Mena Short Stop”) filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) on August 18th a Motion to Dismiss without Prejudice (“Motion”) a previously submitted Request for...more

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Washington County Landfill, Expansion: Individual Petitioners/Mayor Russell/Tontitown Joint brief in Support of Second Motion for...

As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas...more

Solid Waste Management Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Regional...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Ozark Mountain Solid Waste District Board of Directors (“Ozark”) entered into a June 26th Consent Administrative Order (“CAO”)...more

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper, Inc. Notice of Intent to Sue Birmingham, Alabama, Foundry...

The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more

Toxic Pollutant/Priority Pollutant Lists/Pretreatment Determinations: Environmental Organizations Petition U.S. Environmental...

The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Tullahoma Plastics Fabrication Facility

The Tennessee Air Pollution Control Board (“Board”) issued a June 21st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to JSP International LLC (“JSP”) addressing violation of a Tennessee Air...more

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