Environmental, Energy, and Water Blog

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• ENERGY: OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ALLEGES VARIOUS SAFETY VIOLATIONS BY WISCONSIN BIODIESEL PLANT
  Posted February 22, 2012
  

  Author: Walter G. Wright

  The United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has alleged that a biodiesel manufacturer (Sanimax, Inc.) committed thirteen safety violations at its De Forest, Wisconsin facility.  OSHA apparently undertook an inspection …

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• BANKRUPTCY: PRIORITY OF A CREDITOR’S TORT CLAIM AGAINST LANDFILL GAS CONTAINMENT SYSTEM
  Posted February 22, 2012
  

  Author: Walter G. Wright

  A recent Seventh Circuit opinion addressed the priority of a creditor’s tort claim against a company that built and maintained a gas containment system in a landfill adjacent to the creditor’s property.  The case, styled …

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• US HOUSE REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE HEARING ADDRESSES UTILITY MACT RULE
  Posted February 22, 2012
  

  Author: Walter G. Wright

  The Subcommittee on Energy and Power of the United States House of Representatives Energy and Commerce Committee (“Energy and Commerce”) held a hearing on February 8, 2012 focusing on the federal Utility MACT Rule.  The …

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• WIND FARMS: CHALLENGE TO KANSAS COUNTY ZONING REGULATIONS
  Posted February 21, 2012
  

  Author: Walter G. Wright

  A recent Kansas Supreme Court opinion addresses a variety of issues relevant to wind energy developers.  In Zimmerman v. Board of County Commissioners, 293 Kan. 332 (Kan. 2011), plaintiff property owners and intervenor rights owners …

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• ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY AND WASTE WATER TREATMENT FACILITY EXECUTE CONSENT DECREE ALLEGING TREATMENT PROCESS ALTERATIONS WITHOUT AGENCY APPROVAL
  Posted February 21, 2012
  

  Author: Walter G. Wright

  The Arkansas Department of Environmental Quality (“ADEQ”) and Concord Water and Sewer Public Facilities Board (“Board”) entered into Consent Administrative Order (“COA”) LIS No. 11-231 to resolve certain alleged violations.  The Board operates a waste …

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• ENVIRONMENTAL GROUP ARGUES ARMY CORPS OF ENGINEERS MUST HAVE A SOUTH CAROLINA POLLUTION CONTROL PERMIT TO DEEPEN SAVANNAH RIVER
  Posted February 21, 2012
  

  Author: Walter G. Wright

  The Savannah Riverkeeper, South Carolina Coastal Conservation League and the South Carolina Wildlife Federation (“Riverkeeper”) filed suit against the United States Army Corps of Engineers on February 2, 2012 alleging that the United States Army …

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• RAILROAD COMMISSION IN TEXAS SENDS LETTER TO EPA IN RESPONSE TO DRAFT REPORT ON GROUNDWATER CONTAMINATION/WYOMING
  Posted February 20, 2012
  

  Author: Walter G. Wright

  The Railroad Commission of Texas (“Texas”) sent a February 7, 2012 letter to the Environmental Protection Agency (“EPA”) in response to the federal agency’s Draft Report released on December 8, 2011 in which it appeared …

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• OSHA FINES WISCONSIN BRASS FOUNDRY FOR DUST EXPOSURE AND OTHER VIOLATIONS
  Posted February 20, 2012
  

  Author: Walter G. Wright

  The Occupational Safety and Health Administration (“OSHA”) has issued a news release stating that it has cited the Fall River Foundry in Fall River, Wisconsin for ten alleged safety violations.  The federal agency indicates that …

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• ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY FINALIZES UNIFORM PENALTY POLICY
  Posted February 20, 2012
  

  Author: Walter G. Wright

  As noted in previous blog items, the Arkansas Department of Environmental Quality (“ADEQ”) has for a number of years utilized “penalty policies” to determine the size of penalties.  The agency began sometime ago considering potential …

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• THE SUPREME COURT OF VIRGINIA HOLDS THAT LIABILITY CANNOT ATTACH TO A LOCALITY FOR DAMAGE DONE TO A LANDOWNER DUE TO THE GRADUAL SEEPAGE OF LEACHATE AND LANDFILL GAS IN GROUNDWATER
  Posted February 17, 2012
  

  Author: Walter G. Wright

  Plaintiffs, Claude M. Royal and Virginia H. Royal filed suit against a locality after they discovered the groundwater beneath a portion of their “manufactured home community” contained contaminants in the form of volatile organic …

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