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Air Enforcement: Alabama Department of Environmental Management and Mobile County Cement Manufacturing Facility Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Holcim Inc. (“Holcim”) entered into a Consent Order (“CO”) addressing an alleged violation of an air permit. The CO provides that Holcim operates a cement...more

2019 American Forest & Paper Association Sustainability Award Winners: Domtar Receives Sustainable Forest Management Award

The American Forest & Paper Association (“AFPA”) announced its 2019 Better Practices, Better Planet 2020 Sustainability Awards on November 8th....more

Proposed Wetland Mitigation Bank/Lafayette-Nevada Counties (Arkansas): U.S. Army Corps of Engineers (Vicksburg District)...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a November 13th Public Notice regarding a proposal by WYCAR Land Company, LLC, to establish a wetland mitigation bank (“Bank”). See Application...more

Power Plant/Clean Water Act: Citizen Groups U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Sierra Club and other organizations filed a November 1st Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Arkansas Regional Solid Waste Management Districts: Arkansas Court of Appeals Addresses Dispute Over Statutory Fee Allocation

The Arkansas Court of Appeals (“Court”) addressed in an October 30th opinion a dispute between the Benton County Regional Solid Waste Management District (“Benton District”) and the Boston Mountain Regional Solid Waste...more

UIC/Wastewater Enforcement: Arkansas Department of Energy and Environment and City of Bethel Heights Enter into Consent...

The Arkansas Division of Environmental Quality (“DEQ”) and the City of Bethel Heights, Arkansas (“Bethel Heights”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Criminal Enforcement/ RCRA: US Department of Justice Announces Sentencing of Madison Heights, Michigan Plating Company/ Owner

The United States Department of Justice (“DOJ”) Issued on November 6th a press release announcing the sentencing of Electro- Plating Services Inc (“EPS”) and its owner Gary Sayers for alleged violations of the Resources...more

PFAS: Connecticut Interagency Task Force Issues Action Plan

The Connecticut Interagency PFAS Task Force (“Task Force”) issued a November 1st document addressing PFAS titled: PFAS Action Plan (“Plan”) - The Task Force was led by the Connecticut Department of Health and...more

Renewable Energy Production: U.S. District Court Addresses Dispute Involving Development Agreement

A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Penalty Assessment Related to Harriman, Tennessee Scrap...

The Tennessee Air Pollution Control Board (“TAPCB”) issued an October 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to PSC Metals, LLC (“PSC”). See Division of Air Pollution Case No....more

Soil Disposal/Navy Construction Contract: U.S. Court of Federal Claims Addresses Request for Equitable Adjustment

The United States Court of Federal Claims (“Court”) addressed in an October 31st opinion a contractor’s request for equitable adjustment related to construction of a runway for the United States Navy (“Navy”). See Coffman...more

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: SCOTUSblog Post Discusses U.S. Supreme Court Argument

Georgetown University Law Professor Lisa Heinzerling discusses the recent oral argument in County of Maui, Hawaii v. Hawaii Wildlife Fund in a November 7th SCOTUSblog post. The United States Supreme Court had previously...more

Stormwater Enforcement: Alabama Department of Environmental Management and Harvest, Alabama Residential Subdivision Contractor...

The Alabama Department of Environmental Management (“ADEM”) and Campbell & Mance Resources, LLC (“CMR”) entered into a Consent Order addressing alleged violations of a National Pollution Discharge Elimination System (“NPDES”)...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Kinsale, Virginia Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Potomac Supply Company, LLC (“Potomac”) entered into an October 30th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and Recovery...more

Landfill/Class-Action: Federal Appellate Court Addresses Nuisance Claim

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in an October 30th opinion issues associated with a class-action lawsuit filed against a landfill. See Jing Gao, et al. v. Blue Ridge Landfill TX,...more

Phosphorus/Clean Water Act: Massachusetts Sanitary District U.S. EPA Environmental Appeals Board Challenge to NPDES Permit...

The Greater Lawrence Sanitary District (“District”) filed before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board an October 25th document titled: Petition for Review of Greater...more

Air Enforcement: Arkansas Department of Energy and Environment, Division of Environmental Quality, and Melbourne, Arkansas...

The Arkansas Department of Energy and Environment, Division of Environmental Quality, (“DEQ”) and Unilin North America, LLC, (“UNA”) entered into a September 27th Consent Administrative Order (“CAO”) to address alleged...more

Harmful Algal Blooms/Toxins: Arkansas Water Resource Center Funds Four Research Projects

The Arkansas Water Resource Center (“AWRC”) announced on October 22nd in its publication Water Currents it will be funding four water research projects in 2020. The projects to be funded will address harmful algal blooms...more

11/5/2019  /  Funding , Grants , Toxic Chemicals , Water

Optimizing for Post Construction Phase of Superfund Sites: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a presentation titled: Optimizing for the Post Construction Phase of Superfund Sites (“Presentation”)...more

Sewage Sludge/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Newport, Tennessee Wastewater Treatment Plant...

The United States Environmental Protection Agency (“EPA”) and Newport Utilities (“Newport”) entered into an October 21st Complaint and Consent Agreement/Final Order (“Agreement”) addressing alleged violations of Section...more

State Clean Energy Policy Priorities: Democratic Attorney Generals' October 28th Letter to the Federal Energy Regulatory...

Ten states and the District of Columbia Democratic Attorney Generals sent an October 28th letter to the Federal Energy Regulatory Commission (“FERC”) regarding what they described as an opportunity for the offices: . . ....more

Arkansas Energy Code: Arkansas Department of Energy and Environment and Seeks Participants for Stakeholder Work Group

The Arkansas Department of Energy and Environment and (“ADEE”), Office of Energy, announced it is seeking participants for an Energy Code Stakeholder Workgroup (“Workgroup”). ADEE states that the Workgroup will collaborate...more

Section 401/Clean Water Act Litigation: Maryland Department of the Environment and Exelon Generation Company, LLC Settlement

The Maryland Department of the Environment (“MDE”) and Exelon Generation Company, LLC (“Exelon”) entered into a October 29th settlement agreement (“ Settlement Agreement”) related to litigation involving a Section 401 Clean...more

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

The Carroll County Solid Waste Authority (“Authority”) previously submitted a Petition to the Arkansas Pollution Control and Ecology Commission (“Commission”) to be designated the Carroll County Solid Waste District. The...more

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