Court of Appeals Distinguishes Between Possible and Probable Causes, Affirming Directed Verdict in Products Liability Case
The Arkansas Court of Appeals recently emphasized that a plaintiff must put on evidence during her case-in-chief to eliminate other causes that may fairly arise from the evidence. Otherwise, there is no question for the jury on proximate cause. The dispute in Miaoulis v. Toyota, 2021 Ark. App. 19…
No Migration Variances/Resource Conservation and Recovery Act: U.S. Environmental Protection Agency Requests Comment on Petition Guidance
The United States Environmental Protection Agency (“EPA”) published a January 19th Federal Register Notice requesting comments on guidance relating to the No Migration Variance (“NMV”) petition process. See 86 Fed. Reg. 5190. The NMV is related to the Resource Conservation and Recovery Act (“RCRA”)…
Criminal Enforcement/Water Control Law: Virginia Attorney General Announces Indictment of Whiskey Distillery
The Commonwealth of Virginia Office of the Attorney General (“AG”) issued a January 15th news release announcing indictments of a Virginia whiskey distillery for alleged violations of the Virginia Water Control Law. Filibuster Distillery, LLC, Filibuster Barrels, LLC, and Sid Dilawri are stated to…
Arkansas Pollution Control and Ecology Commission Meeting – Friday, January 22, 2021 (Zoom Video Conference)
The Arkansas Pollution Control and Ecology Commission (“Commission”) is the environmental policy-making body for Arkansas. The Commission, with certain exceptions, meets on a monthly basis. The Commission will meet Friday, January 22nd at 9:00 a.m. meeting will be held via a Zoom Video Conference…
Affordable Clean Energy Rule/Clean Air Act: D.C. Circuit Court of Appeals Vacates and Remands EPA ACE Rule
January 20, 2021
by Stuart L. Spencer
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined that the Environmental Protection Agency (“EPA”) did not act lawfully when it…