News & Analysis as of

Summary Judgment Environmental Violations

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

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.s. Environmental Protection Agency: Joint...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

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

Arkansas Pollution Control and Ecology Commission Administrative Law Judge Recommended Decision: Alleged Cotton Plant, Arkansas...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a December 21st Recommended Decision addressing alleged violations by Tristate Contracting of Brinkley,...more

Perkins Coie

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

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The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Perkins Coie

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

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The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

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