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Hazardous Waste Enforcement: Alabama Department of Environmental Management and Birmingham, Alabama Outdoor Sign/Component...

The Alabama Department of Environmental Management (“ADEM”) and Sign Builders, Inc. (“SBI”) entered into a September 19th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

Managing Arkansas Environmental Issues in the Lending/Foreclosure Process: October 9th Arkansas Bankers Association Mega...

I undertook a presentation at the Arkansas Bankers Association Mega Conference titled: Managing Arkansas Environmental Issues in the Lending/Foreclosure Process ...more

Judicial Enforcement: Arkansas Department of Energy and Environment Pulaski County Circuit Court Action Filed Against Storage Tank...

The Arkansas Department of Energy and Environment, Department of Environmental Quality (“DEQ”) filed an October 7th Complaint against Routh Wrecker Service, Inc. (“Routh”) stating it was seeking injunctive relief and to...more

U.S. EPA Environmental Appeals Board: Vickery, Ohio Hazardous Waste TSD Facility Challenges Certain Permit Conditions

Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more

Silica/OSHA Enforcement: Proposed Penalty Assessment for Delaware, Ohio Foundry

The United States Occupational Safety and Health Administration (“OSHA”) issued an October 7th news release stating it cited Liberty Casting Company (“Liberty”) for certain alleged violations. Liberty is stated to operate...more

Air Enforcement: Tennessee Air Pollution Control Board: Proposed Order/Assessment of Penalty to Elizabethan, Tennessee Dry...

The Tennessee Air Pollution Control Board (“Board”) issued a September 30th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AYM, Inc. (“AYM”) for an alleged air permit violation. See Division of Air...more

National Environmental Policy Act/ National Historic Preservation Act: Federal Appellate Court Addresses Mootness Issue

The United States Court of Appeals for the Tenth Circuit (10th Circuit) addressed in an October 4th opinion a mootness issue associated with National Environmental Policy Act (“NEPA”) and National Historic Preservation Act...more

Aquatic Life Benchmarks: U.S. Environmental Protection Agency September 2019 Update

The United States Environmental Protection Agency (“EPA”) announced it has updated its Aquatic Life Benchmarks Table. State, tribal, and local governments utilize such benchmarks in their interpretation of water monitoring...more

Workplace Safety and Health Inspections: Occupational Safety and Health Administration Announces Implementation of New Weighting...

The Occupational Safety and Health Administration (“OSHA”) announced in a September 27th news release it has implemented what it denominates the “OSHA Weighting System” (“OWS”). The OWS is being implemented for fiscal year...more

401 Water Quality Certification/Enbridge Pipeline Project: Minnesota Pollution Control Agency Denial (Without Prejudice)

The Minnesota Pollution Control Agency (“MPCA”) issued a September 27th denial without prejudice of Enbridge Energy, Limited Partnership’s (“Enbridge”) request for a Clean Water Act 401 Water Quality Certification. The...more

Air Enforcement: Arkansas Department of Environmental Quality and North Little Rock, Arkansas Bath Manufacturing Facility Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jason International, Inc., (“JII”) entered into a September 17th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No....more

RCRA Cause of Action/Cleanup - Federal District Court Addresses Impact of Sampling Data

A United States District Court (New Jersey) (“Court”) addressed in a September 17th Memorandum and Order Cross Motions for Summary Judgment involving a Resource Conservation and Recovery Act (“RCRA”) cost recover action. See...more

Stormwater Enforcement: Arkansas Department of Environmental Quality and Jacksonville, Arkansas Recycling Center Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and City of Jacksonville, Arkansas (“City”) entered into a September 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Renewable Energy Generation: U.S. Energy Information Administration Report Projects Approximately 50% Worldwide Contribution by...

The United States Energy Information Administration (“EIA”) stated in an October 2nd report that renewable energy will constitute approximately 49% of global electricity generation by 2050. In 2018 28% of available...more

Carroll County Solid Waste Authority Request to Become an Arkansas Regional Solid Waste District: Arkansas Pollution Control and...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a Recommended Decision (“RD”) in the proceeding styled In the Matter of Carroll County Solid Waste...more

Air Enforcement/Citizen Suit Action: Food & Water Watch Notice of Intent to Sue Greeley, Colorado Beef Processing Facility

Food & Water Watch, Center for Biological Diversity, and Public Justice (collectively, “Food & Water Watch”) transmitted an October 1st Notice of Intent to Sue (“Notice”) to JBS-Swift Beef Company and JBS USA alleging...more

C & H Hog Farms, Inc. (Newton County, Arkansas) Division of Environmental Quality Public Notices Conceptual Closure Plan for Waste...

The Division of Environmental Quality (“DEQ”) has issued for public input on the Conceptual Closure Plan for the C & H Hog Farm waste storage ponds. DEQ States that the waste storage pond closure activities will be...more

EPA Must Improve Oversight of Notice to the Public on Drinking Water Risks to Better Protect Human Health: U.S. EPA Office of...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 25th report titled: EPA Must Improve Oversight of Notice to the Public on Drinking Water Risks to Better...more

Regional Haze/Arkansas: U.S. Environmental Protection Agency Announces Approval of Five-Year Progress Report

The United States Environmental Protection Agency (“EPA”) published a final rule in the October 1st Federal Register approving the State of Arkansas’s Regional Haze Five-Year Progress Report. See 84 Fed. Reg. 51986. EPA...more

2019 State Energy Efficiency Scorecard: ACEEE Report (Including Arkansas)

The organization American Council for an Energy-Efficient Economy (“ACEEE”) published its annual report titled: 2019 State Energy Efficiency Scorecard (“Report”)...more

U.S. Army Corps of Engineers (Vicksburg District) Public Notices Reissuance of General Permit 32: Construction of Minor...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 25th Public Notice stating it was reissuing Department of the Army General Permit 32. The Vicksburg District includes a portion of...more

UIC/Wastewater Enforcement - Bethel Heights, Arkansas Notice of Violation: Adjoining Property Owners' Petition to Intervene

As noted in a September 13th post, the Arkansas Department of Energy and Environment filed a Notice of Violation (“NOV”) against the City of Bethel Heights, Arkansas (“Bethel Heights”) alleging violations of a No-Discharge...more

Urban Stormwater/Citizen Suit Enforcement: Petition for Declaratory/Injunctive Relief Challenging Alleged Failure of the U.S....

The Environmental organization Amigos Bravos (“AB”) filed an action in the United States District Court (District of New Mexico) against the United States Environmental Protection Agency (“EPA”) for Declaratory and Injunctive...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Flexible...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) responded in a September 12th letter to a question seeking clarification of the Hazardous Materials Regulations (“HMR”) applicable to the testing...more

Air Enforcement: Alabama Department of Environmental Management and Decatur, Alabama Animal Feed Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Alabama Farmers Cooperative, Inc. (“AFCI”) entered into a Consent Order (“CO”) to address an alleged violation of the Alabama Air Regulations. See Consent Order...more

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