Hazardous Materials Transportation Act/Common Law Action: Federal Court Addresses Private Right of Action/Preemption Issues
A United States District Court (Southern District California) in a March 1st decision addressed two issues in a common law damage action involving the federal Hazardous Materials Transportation Act (“HMTA”). See Chavez vs. Federal Express Corporation et al. 2017 WL 784218. Plaintiffs Chavez and…
91st Arkansas General Assembly: Property Assessed Clean Air Energy Act Amendments
A bill has been introduced which would undertake various revisions to the Arkansas Property Assessed Clean Energy Act (“PACE”). House bill (“HB”) 2026 is sponsored by Representatives Sabin, L. Eads, Beck Tucker, D. Whitaker, J. Williams, and Leding. The PACE Act was enacted in 2013 and authorized…
STAG Categorical Grants: Environmental Council of the States March 1st Letter to EPA/OMB Opposing Reductions
The Environmental Council of the States (“ECOS”) sent a March 1st letter to the Director of the Office of Management and Budget and the Administrator of the United States Environmental Protection Agency (collectively “EPA”) noting: . . .Information released yesterday regarding the OMB passback for…
RCRA Guidance: U.S. Environmental Protection Agency Addresses Engineered Fuel Processed from Municipal Solid Waste
The United States Environmental Protection Agency (“EPA”) addressed in a November 8, 2016 letter a request from VMS Environmental Development, LLC (“VMS”) asking whether: . . .engineered fuel processed from municipal solid waste, called Biomass Derived Fuel (BDF) is a non-waste fuel under 40 CFR…
Air Enforcement: Arkansas Department of Environmental Quality and Grant County, Arkansas Lumber Mill Enter into Consent Administrative Order
The Arkansas Department of Environmental Quality (“ADEQ”) and H.G. Toler & Son Lumber, Inc. (“H.G.”) entered into a February 13th Consent Administrative Order (“CAO”) addressing alleged air permit violations. See LIS No. 17-012. The CAO provides that H.G. owns and operates a lumber mill in Leola…