Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order/Assessment of Civil Penalty
The Technical Secretary of the Tennessee Air Pollution Control Board (“Board”) issued a February 24th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged violation by BlockWorks, LLC (“BlockWorks”). See Case No. APC17-0183. The Order describes BlockWorks as…
U. S. Environmental Protection Agency Programmatic Treatment of Biomass/Forest Products Industry: February 13th Letter from Administrator Scott Pruitt
The United States Environmental Protection Agency Administrator E. Scott Pruitt (“Pruitt”) hand delivered, during a visit to the State of New Hampshire, a letter to Governor Chris Sununu which is characterized as an update on the agency’s programmatic treatment of biomass in the forest products…
Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?
My law firm colleagues, Megan Hargraves and Devin Bates, recently authored an article titled: Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery? The article addresses a recent Arkansas Supreme Court decision that, as they put it, “reduced the ability to sue the State.”…
Storage Tank Enforcement: U.S. Environmental Protection Agency and Elmira, New York/Newton, New Jersey Underground Storage Tank Operator Enter into Expedited Settlement Agreement
The United States Environmental Protection Agency (“EPA”) entered into an Expedited Settlement Agreement (“ESA”) with First Group America, Inc., d/b/a First Student, Inc. and First Transit, Inc. See Docket No. RCRA-02-2018-7702. First Transit, Inc. is described as the operator of underground…
Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule
The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric utilities and independent power producers. CCR (also referred to as coal…