News & Analysis as of

Underground Storage Tanks Pollution Control

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

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

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

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

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

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

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

Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter...

The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit....more

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

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

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

Petroleum Release/Storage Tank Enforcement: Minnesota Pollution Control Agency Judicial Action Addressing Elgin Retail Motor Fuel...

The Minnesota Pollution Control Agency (“MPCA”) filed in early May a Complaint in the County of Olmsted Third Judicial District Court against Gurek Inc. (“GI”) alleging violation of MPCA rules and Minnesota statutes...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order Addressing...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a June 28th proposed Order and Assessment (“Order”) to Mac’s Convenience Stores (“MCS”) addressing an alleged violation of the Tennessee Underground...more

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

Polk County, Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Request for Adjudicatory Hearing and Arkansas Pollution...

Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas Department of Energy & Environment – Division...more

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

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

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

Storage Tank Contractor Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Terry Price, DBA TLP Enterprises (“TLP”) entered into a January 19th Consent Administrative Oder (“CAO”) addressing alleged...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Mapco Express, Inc. (“Mapco”) addressing a Chattanooga, Tennessee, facility (“Facility”)...more

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

Underground Storage Tank Litigation: Property Owners File Polk County, Arkansas, Circuit Court Action Against Mena Retail Fuel...

A group of Polk County, Arkansas, property owners filed on October 17th a Complaint in the Circuit Court of Polk County, Arkansas, against Mena Short Stop, LLC (“Mena Short Stop”) alleging injury to personal and real property...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,...

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order: Polk County Fueling Station Files...

Mena Short Stop, LLC (“Mena Short Stop”) filed on June 23rd a Request for Hearing (“Request”) before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) of an Emergency Order issued by the Chief Administrator of...more

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

Judicial Enforcement: Arkansas Department of Energy and Environment Pulaski County Circuit Court Action Filed Against Storage Tank...

The Arkansas Department of Energy and Environment, Department of Environmental Quality (“DEQ”) filed an October 7th Complaint against Routh Wrecker Service, Inc. (“Routh”) stating it was seeking injunctive relief and to...more

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

Annual Release Detection Equipment Testing: Arkansas Oil Marketers Association Canopy Article

Arkansas Department of Environmental Quality (“ADEQ”) staff authored an article in Issue 4 of the Arkansas Oil Marketers Association (“AOMA”) publication The Canopy titled: Annual Release Detection Equipment Testing...more

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

Arkansas Department of Environmental Quality Office of Land Resources/Regulated Storage Tanks: Arkansas Oil Marketers Association...

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Land Resources undertook presentations at the October 18th Arkansas Oil Marketers Association (“AOMA”) Workshop in Little Rock, Arkansas, titled: ...more

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

Underground Storage Tank Walkthrough Inspection Requirements: Arkansas Oil Marketers Association Canopy Article

Arkansas Department of Environmental Quality (“ADEQ”) staff authored an article in Issue 3 of the Arkansas Oil Marketers Association (“AOMA”) publication The Canopy titled: Walkthrough Inspection Requirements (“Article”) -...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order Assessing Cleanup Costs Reimbursement

The Tennessee Department of Environment and Conservation – Division of Underground Storage Tanks (“TDEC”) issued an August 6th Order and Assessment (“Order”) to Authur Chapman (“Chapman”). The Order addresses underground...more

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

Underground Storage Tanks/Facility Recordkeeping: Arkansas Department of Environmental Quality 2018 Canopy Article

The Arkansas Department of Environmental Quality (“ADEQ”) provided guidance on underground storage tank (“UST”) recordkeeping in the Arkansas Oil Marketers Association publication The Canopy (Issue 1, 2018)....more

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