News & Analysis as of

Department of Environmental Quality Land-Use Permits

Latham & Watkins LLP

Congress Advances Federal Environmental Permitting Reform in Fiscal Responsibility Act of 2023

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The reform mainly focuses on streamlining and narrowing the scope of environmental review at the federal level. On June 3, 2023, President Biden signed legislation implementing the bipartisan debt ceiling and budget...more

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Washington County Landfill/Expansion: Request for Adjudicatory Hearing/Commission Review Before Arkansas Commission on Pollution...

Several individuals (collectively “Petitioners”) filed a Request for Adjudicatory Hearing and Commission Review (“Petition”) on April 14th before the Arkansas Commission on Pollution Control and Ecology (“Commission”)...more

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Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sebastian County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Terra Renewal Services, Inc. (“Terra”) entered into a November 30th Consent Administrative Order (“CAO”) addressing alleged...more

Miller Starr Regalia

California Lawyers Association (CLA) Real Property Law E-Bulletin article: “Navigating Land Use Permitting During A Pandemic”

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As of the date of this article, we are in week 18 of the shelter-in-place (SIP) order first issued by the State of California Public Health Officer on March 18.  In the early days of the pandemic, land use development...more

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Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Marvell...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Marvell, Arkansas (“Marvel”) entered into a December 31st Consent Administrative Order (“CAO”) to address alleged...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and Crawford County, Arkansas, Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Concord Water and Sewer Public Facilities (“Concord”) entered into a December 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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C & H Hog Farms, Inc. (Newton County, Arkansas): Request for Adjudicatory Hearing and Commission Review/Stay of Regulation 5...

C & H Hog Farms, Inc. (“C & H”) filed a “Request for Adjudicatory Hearing and Commission Review and Stay” (“Request”) related to the Arkansas Department of Environmental Quality (“ADEQ”) denial of its application for an...more

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Arkansas State Marketing Board for Recyclables: Arkansas Department of Environmental Quality Announces December 12th Meeting

The Arkansas State Marketing Board for Recyclables and Compliance Advisory Panel (“Board”) has scheduled a meeting for December 12th in Little Rock, Arkansas. As the Arkansas Department of Environmental Quality (“ADEQ”)...more

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Arkansas Department of Environmental Quality Decision to Deny Regulation 5 Permit: C & H Hog Farms, Inc. Files Newton County...

C & H Hog Farms, Inc., (“C & H”) filed a November 20th pleading in Newton County, Arkansas, Circuit Court against the Arkansas Department of Environmental Quality (“ADEQ”) styled: Motion for Order to Show Cause (“Motion”)...more

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C & H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Department of Environmental Quality Decision to Deny Regulation 5 Permit

The Arkansas Department of Environmental Quality (“ADEQ”) announced that it is denying for the second time C & H Hog Farms, Inc.’s (“C & H”) application for an Arkansas Pollution Control and Ecology Commission Regulation No....more

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Arkansas Freedom of Information Act: C & H Hog Farms, Inc. Files Responses to Arkansas Department of Environmental Quality Motions...

C & H Hog Farms, Inc. (“C & H”) filed responses in Newton County, Arkansas, Circuit Court to two Arkansas Department of Environmental Quality (“ADEQ”) motions. ADEQ had filed both a Motion for Change of Venue and Motion to...more

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Arkansas Freedom of Information Act: C & H Hog Farms, Inc./Freedom of Information Act Action: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) filed both a Motion for Change of Venue and Motion to Dismiss in regards to the C & H Hog Farms, Inc. (“C & H”) October 16th action filed in Newton County, Arkansas,...more

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

Arkansas Freedom of Information Act: C&H Hog Farms, Inc., Files Newton County Circuit Court Action Alleging Arkansas Department of...

C&H Hog Farms, Inc. (“C&H”) filed a pleading on October 16th in Newton County, Arkansas, Circuit Court styled: Complaint for Violation of the Arkansas Freedom of Information Act of 1967 (“Complaint”)...more

Ward and Smith, P.A.

New Coastal Stormwater Program Variances May Benefit Community Associations

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In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the Governor's veto that includes relaxation of environmental provisions. This...more

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How to Ace an Inspection: Russell McLaren (Entergy) Arkansas Environmental Federation Meeting Presentation

Mr. Russell McLaren undertook a presentation at the October 4th Arkansas Environmental Federation Convention titled: “How to Ace an Inspection” (Presentation) - Mr. McLaren serves as Entergy’s ARES Water Lead....more

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Wastewater/Collection System Enforcement: Arkansas Department of Environmental Quality and Carthage, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Carthage, Arkansas (“Carthage”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and Kensett, Arkansas Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Kensett, Arkansas (“Kensett”) entered into a September 14th Consent Administrative Order (“CAO”) to address alleged violations of a Clean Water Act...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Department of Environmental Quality Draft Decision to Deny Regulation 5...

The Arkansas Department of Environmental Quality (“ADEQ”) recently public noticed a denial for the second time of C & H Hog Farms, Inc. (“C & H”) application for an Arkansas Pollution Control and Ecology Commission Regulation...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and National Park Service Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the United States Department of the Interior – National Park Service (“NPS”) entered into an August 17th Consent Administrative Order (“CAO”) addressing alleged...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and Grant County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Sheridan White Rock, Inc. (“SWRI”) entered into a July 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and Lafayette County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and 24MW, LLC (“24”) entered into a June 4th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge...more

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Stormwater Enforcement: Arkansas Department of Environmental Quality and Lee County, Arkansas Retail Motor Fuel Facility Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and MAPCO Express, Inc., (“MEI”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged Clean Water Act National Pollution Discharge...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Mountain View, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mountain View, Arkansas (“Mountain View”) entered into an April 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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Medical Waste Processing: Mississippi Commission on Environmental Quality Order Approving Solid Waste Management Plan Amendment...

The Mississippi Commission on Environmental Quality (“MCEQ”) issued a May 11th Order addressing a proposed medical waste process facility. See Order No. 6851 18. The Order provides that the Three Rivers Regional Solid...more

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Wastewater Enforcement: Arkansas Department of Environmental Quality and Turrell, Arkansas Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Turrell, Arkansas, (“Turrell”) entered into an April 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

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