News & Analysis as of

Pollution Control Administrative Law Judge (ALJ)

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

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

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

Washington County Landfill/Expansion: Motions for Summary Judgment Filed by All Parties

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

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,...

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order Addressing Pope County Fueling...

Administrative Law Judge (“ALJ”) Charles Moulton addressed in an August 16th Amended Recommended Decision (“ARD”) an issue arising out of the administrative litigation associated with Mena Short Stop, LLC (“Mena Short Stop”)....more

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

Trafalgar Stump Dump: Arkansas Pollution Control and Ecology Commission Addresses Bella Vista Property Owners Association, Inc.'s...

The Arkansas Pollution Control and Ecology Commission (“Commission”) addressed at its January 24th meeting a request by the Bella Vista Property Owners Association (“POA”) that it conduct an adjudicatory hearing to review the...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

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

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

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

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

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

C & H Hog Farms, Inc. (Newton County, Arkansas) Proceedings: Order Denying Request for Preliminary Hearing Continuance/Motion to...

Administrative Law Judge (“ALJ”) Charles Moulton issued Order No. 2 in the C & H Hog Farms, Inc. (“C & H”) Arkansas Pollution Control and Ecology Commission (“Commission”) proceedings which denied C & H’s Motion to Continue...more

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

C & H Hog Farms, Inc. (Newton County, Arkansas) Arkansas Pollution Control and Ecology Proceedings: Motion to Continue Preliminary...

C & H Hog Farms, Inc., (“C & H”) filed a December 7th Motion to Continue Preliminary Hearing (“Motion”) that had been scheduled by Administrative Law Judge Charles Moulton. See Docket No. 18-004-P. C & H is challenging the...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Pollution Control and Ecology Commission Administrative Law Judge...

The post Friday regarding the Arkansas Pollution Control and Ecology Commission (“Commission”) consideration on C & H Hog Farms, Inc.’s issues contained an error. The Arkansas Pollution Control and Ecology Commission did...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Pollution Control and Ecology Commission Administrative Law Judge...

The Arkansas Pollution Control and Ecology Commission, after a lengthy discussion, today upheld Administrative Law Judge (“ALJ”) Charles Moulton’s prior Recommended Decision in the matter of C & H Hog Farms, Inc. The ALJ...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Arkansas Pollution Control and Ecology Commission Administrative Law Judge...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a July 10th Recommended Decision (“RD”) in administrative proceedings involving C & H Hog Farms, Inc....more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Response to Arkansas Department of Environmental Quality Motions in Arkansas...

C & H Hog Farms, Inc. (C & H) has filed responses to certain Arkansas Department of Environmental Quality (“ADEQ”) motions in its appeal of the agency’s denial of a Regulation 5 permit for its sow-farrowing facility in Newton...more

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

C&H Hog Farms, Inc. (Newton County, Arkansas): Intervenors' Scope of Participation in Arkansas Pollution Control and Ecology...

As noted in a previous blog post (see previous post here) the Ozark Society, Inc., and three individuals (“Intervenors”) filed a Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc., (“C&H”) Request...more

Bilzin Sumberg

Recently Proposed Pollution Notice Rule Struck as Invalid

Bilzin Sumberg on

The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

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