Lake and Dock Access Rights: Michigan Court of Appeals Addresses Riparian Rights and Prescriptive Easements
Co-Author: Mary Kate Thompson The Court of Appeals of Michigan, in a May 23rd decision, addressed whether lot owners without lake frontage had certain rights related to a subdivision dock. See McEwen v. Guthrie et. Al, 2017 WL 2262882. The questions addressed included whether dock privileges could…
Mountain Valley Pipeline (Proposed): Sierra Club (and other Groups) Challenge West Virginia Clean Water Act/Section 401 Water Quality Certification
A number of environmental organizations filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Fourth Circuit challenging the West Virginia Department of Environmental Protection’s (“DEP”) issuance of a Water Quality Certification under Section 401 of the Clean Water…
Air Enforcement: Arkansas Department of Environmental Quality and Fort Smith, Arkansas Battery Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Environmental Quality (“ADEQ”) and Exide Technologies (“ET”) entered into a May 9th Consent Administrative Order (“CAO”) to address an alleged air violation. See LIS No. 17-033. ET is stated to own and operate a lead-acid battery manufacturing facility located in Fort…
Wetland Mitigation Programs: Missouri Court of Appeals Challenge to Missouri Agency Activities
Co-Author: Salama Almahayni The Missouri Court of Appeals (Western District) in a March 7th Opinion addressed a for-profit organization’s challenge on constitutional grounds to a Missouri agency’s activities involving wetland mitigation banks. See Swallow Tail, LLC v. Missouri Department of…
Proposed Revisions to Arkansas Pollution Control and Ecology Commission Regulation 23: July 13th Public Hearing Scheduled
The Arkansas Department of Environmental Quality (“ADEQ”) issued a “Notice of Proposed Regulation Changes, Public Hearing, and Public Comment Period” (“Notice”) regarding proposed revisions to Arkansas Pollution Control and Ecology Commission Regulation 23 (Hazardous Waste Management). The Notice…