Air Enforcement: Tennessee Air Pollution Control Board Order and Assessment of Civil Penalty to Manchester, Tennessee Grain Handling Facility
The Tennessee Air Pollution Control Board issued a May 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Kokomo Grain Co., Inc., (“KGCI”). The Order addresses an alleged violation of certain provisions of Tenn. Comp. R. & Regs. related to air permits. KGCI is referenced…
Arkansas Air Regulations: Arkansas Department of Environmental Quality Seeks Input on Pre-Proposal for Streamlining
The Arkansas Department of Environmental Quality announced in a May 29th news release that it is: . . . seeking feedback on a pre-proposal draft regulation, prior to initiation with the Arkansas Pollution Control and Ecology Commission (APC&EC), which would streamline Arkansas air quality…
Flow Control/Solid Waste: Federal Appellate Court Addresses Constitutional Challenge
Co-Author: Matthew Fiorillo The Tenth Circuit Court of Appeals (“Court”) addressed in a May 14th opinion a constitutional challenge to a Wyoming City’s flow control ordinance. See Dirty Boyz Sanitation Serv. Inc., v. City of Rawlins, Wyoming, No. 16-8123, 2018 WL 2188901 (10th Cir. May 14, 2018)…
Subtropical Storm Alberto: Federal Motor Carrier Safety Administration Regional Emergency Declaration for Southeastern States (Including Arkansas)
The Arkansas Oil Marketers Association circulated an announcement by the Federal Motor Carrier Safety Administration (“FMCSA”) which provides a Regional Emergency Declaration related to Subtropical Storm Alberto. The Regional Emergency Declaration has been issued for the following Southeastern…
Continuous Emission Monitoring System: Federal Appellate Court Addresses Mississippi Steel Mill Breach of Warranty/Contract Action
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a May 18th opinion an appeal from the United States District Court for the Northern District of Mississippi (“USDC”) of a breach of warranty action involving air pollution monitoring systems. See 2018 WL 2293234. The…