News & Analysis as of

Department of Environmental Quality Appeals Landfills

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Administrative Law Judge Addresses Motions to Dismiss Petitioners' Request for Adjudicatory...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill Closure/Property Redevelopment: Oregon Appellate Court Addresses Whether Mulch Storage Agreement Constitutes an...

The Court of Appeals of Oregon (“Court”) issued a December 18th opinion addressing whether the temporary storage of waste mulch generated pursuant to a landfill closure constituted an irrevocable license. See Joseph Mill...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alternative Daily Cover/Landfill: Alabama Appellate Court Addresses Challenge to State Rules

The Court of Civil Appeals of Alabama (“Court”) addressed in an October 11th opinion a challenge to certain Alabama Department Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Smith v. Lefleur,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Ash/Preemption: Federal Appellate Court Addresses Challenge to Municipal Regulation

The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more

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