News & Analysis as of

Waste Management Appeals

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th Proposed Director’s Order and Assessment (“Order”) to Sherwin-Williams Company (“Sherwin-Williams”) addressing alleged violations of the...more

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

Solid Waste Management Facility/Limited Ban: New York Appellate Court Addresses Judicial Challenge to Town's Local Law

The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town...more

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

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

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

Arkansas Regional Solid Waste Management District: Arkansas Appellate Court Addresses Fee Assessment Issue

The Court of Appeals of Arkansas (“Appellate Court”) addressed in a November 29th Opinion the Arkansas Regional Solid Waste Management Districts’ (“ARSWMD”) ability to assess certain fees. See Benton County Regional Solid...more

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

Solid Waste Management Services: Ohio Appellate Court Addresses Whether Certain Services Constituted Grounds For Contract...

The Court of Appeals of Ohio (“Appellate Court”) addressed in a May 12th Decision and Judgment (“Decision”) an issue arising out of a solid waste and transport agreement between two counties. See Board of County...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Rocky Top Office...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 12th proposed Director’s Order and Assessment (“Order”) to Ultra Tech Extrusions of Tennessee, Inc. (“Ultra Tech”) addressing alleged...more

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

Waste Disposal/Demolition Debris: Wisconsin Appellate Court Addresses Pricing Dispute

The Wisconsin Court of Appeals addressed in a July 13th opinion a pricing dispute involving the disposal of debris from a demolition project. See Advanced Trucking & Services, LLC v. Hanover Insurance Company, 2022 WL 2719712...more

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

Solid Waste Collection and Transportation/State Regulation: Washington Appellate Court Addresses Preemption Question

The Court of Appeals of Washington (Division 2) (“Appellate Court”) addressed in a November 8th Opinion whether federal law preempts the State of Washington’s regulation of rail transportation involving certain...more

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

Landfill/Real Estate Repurchase Option: Kansas Appellate Court Addresses Whether Contract and/or Applicable Law Impose Closure...

The Court of Appeals of Kansas (“Appellate Court”) addressed in an October 21st Opinion a question arising out of a contract that provided the right to repurchase the real estate on which the landfill occupies. See South...more

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

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

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

Landfill Expansion: Alabama Appellate Court Addresses Application of Groundwater Requirements

The Court of Appeals of Alabama (“Court”) addressed in a December 13th opinion a challenge to a Alabama Department of Environmental Management (“ADEM”) decision to grant a permit allowing the expansion and modification of a...more

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

Arkansas Regional Solid Waste Management Districts: Benton/Boston District Fee Dispute to be Appealed to the Arkansas Supreme...

The Arkansas Democrat Gazette reported in a November 15th article that the Benton County Regional Solid Waste Management District (“Benton District”) will petition the Arkansas Supreme Court to address a dispute with the...more

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

Arkansas Regional Solid Waste Management Districts: Arkansas Court of Appeals Addresses Dispute Over Statutory Fee Allocation

The Arkansas Court of Appeals (“Court”) addressed in an October 30th opinion a dispute between the Benton County Regional Solid Waste Management District (“Benton District”) and the Boston Mountain Regional Solid Waste...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,...

Columbia County Solid Waste Management System: Arkansas Court of Appeals Addresses City of Magnolia's Challenge to Allocation of...

The Court of Appeals of Arkansas (“Court”) addressed in a September 11th opinion the City of Magnolia, Arkansas’s (“Magnolia”) challenge to the allocation of a Columbia County sales and use tax to finance a Solid Waste...more

Holland & Hart LLP

RCRA's Definition of Solid Waste – The DC Circuit Brings Clarity to a Core Element of RCRA

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The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more

Troutman Pepper Locke

New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is...

Troutman Pepper Locke on

Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019) - Servidone, Inc./B. Anthony Construction Corp., J.V. (the “Contractor”) and the New...more

A&O Shearman

A Moot Point: Court Of Appeals For The Eleventh Circuit Holds That The Doctrine Of Equitable Mootness Is Applicable In A Chapter 9...

A&O Shearman on

The consummation of a plan of reorganization typically involves a series of complex actions by the debtor and its stakeholders (for example, existing debt and equity are extinguished and new debt and equity issued in their...more

Jones Day

Illinois Motor Fuel Tax: Should You File a Refund Claim?

Jones Day on

The Decision: In Waste Management of Illinois, Inc. v. Illinois Department of Revenue, 2017 IL App (1st) 162830-U, the Illinois Appellate Court held that compressed natural gas ("CNG") is not a taxable motor fuel under the...more

Payne & Fears

Key California Employment Law Cases: April 2017

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This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

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