Between the Lines Blog
31st Arkansas Recycling Coalition Annual Conference & Tradeshow: September 12-14, Hot Springs, Arkansas
The Arkansas Recycling Coalition (“ARC”) will be holding its 31st Annual Conference & Tradeshow (“Conference”) in Hot Springs, Arkansas. The Conference will be held at the Oaklawn Racing – Casino – Resort from September 12th through 14th. The keynote speaker will be John Randall Tyson from Tyson…
The Growing Trend of Anti-Boycott Laws and the Effect on Public Finance – Is Arkansas Next?
June 30, 2022
by John S. Bryant
In a nation seemingly becoming more polarized along political lines every day, not even the normally quiet and steady world of public finance remains untouched. Recently proposed and adopted anti-boycott type legislative initiatives in several states, and the emergence of environmental, social and…
Non-Compete Agreements: Are They Enforceable in Contracts for Medical Services?
Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees, but expressly does not apply to medical employees. Ark. Code Ann. §…
Licenses and the Law Series, Part IX: The Appeal
In our last article, we explained the second part of the hearing: your defense. Now, we discuss the appeals process. Unfortunately, licensing boards do not always rule in your favor. However, you can have a chance to have your case heard before an Arkansas circuit court, and it is important to know…
Non-Compete Agreements: Will Arkansas Courts "Blue Pencil" an Unreasonable Non-Compete Agreement?
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement altogether the Court will instead modify it to narrow it down to make it…
Arkansas Environmental, Energy, and Water Law Blog
Solar Energy System/Access Road: Massachusetts Appellate Court Addresses Zoning Issue
The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL 1789794. The question involved whether an access road to the system could be…
Waters of the United States/Sackett v. US. Environmental Protection Agency: National Association of Clean Water Agencies/Waterkeeper Alliance File U.S. Supreme Amicus Briefs
The National Association of Clean Water Agencies (“NACWA”) and Waterkeeper Alliance (“Waterkeeper”) each filed Amicus Briefs in the Supreme Court of the United States appeal styled: Michael Sackett, et ux. v. U.S. Environmental Protection Agency, et al. See no. 21-454. The appeal addresses the…
West Virginia v. U.S. Environmental Protection Agency: U.S. Supreme Court Ruling Addressing Obama Clean Power Plan
The United States Supreme Court (“Court”) issued an Opinion today addressing a challenge to President Obama’s Clean Power Plan (“CPP”) Rule which was promulgated pursuant to Section 111 of the Clean Air Act. See West Virginia et al. v. Environmental protection Agency et al., No. 20-1530. The CPP…
Harmful Algal Blooms/Hypoxia: U.S. Government Accountability Office Report
The United States Government Accountability Office (“GAO”) issued a June 20, 2022, report titled: Water Quality – Agency Should Take More Actions to Manage Risks from Harmful Blooms and Hypoxia (“Report”) See GAO-22-104449. GAO states it was asked to review federal efforts to manage harmful algal…
Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Dyess Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the Town of Dyess, Arkansas (“Dyess”), entered into a March 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System…