Mining/National Environmental Policy Act: Federal Appellate Court Addresses U.S. Forest Services Use of Categorical Exclusions
The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in a May 21st Opinion whether the United States Forest Service (“Service”) violated the National Environmental Policy Act (“NEPA”). See Friends of the Inyo; Western Watersheds Projects, et al. v. United States Forest…
Air Enforcement: Alabama Department of Environmental Management and National Cement Company of Alabama, Inc. Enter Into Consent Order
Alabama Department of Environmental Management (“ADEM”) and National Cement Company of Alabama, Inc. ("National Cement") Enter Into Consent Order ("CO") addressing alleged violations of an air permit. See Consent Order No. XX-XXX-CAP. The CO provides that National Cement operates a cement…
Natural Resource Damages/Oil Pollution Act Enforcement: United States/Arkansas Game and Fish Commission File Judicial Action Addressing Mayflower Oil Pipeline Release
A complaint was filed in the United States District Court for the District of Arkansas against ExxonMobil Pipeline Company, LLC and Mobil Pipe Line Company (collectively, “Exxon”) addressing the 2013 release of oil from the Pegasus Pipeline in Mayflower, Arkansas by the following: United States of…
Waterbody/Easement: South Carolina Appellate Court Addresses Dispute Over Control
Co-Author JD Bruning The Court of Appeals of South Carolina (“Court”) addressed in a March 20th Opinion an issue involving easements granting access to or control over a body of water. See Carr Farms, Inc. and Titan Farms, LLC v. Watson, 2024 WL 1192623. The question considered was whether the…
Leadership in Energy and Environmental Design (LEED) v5: American Coatings Association Submits Comments to the U.S. Green Building Council
The American Coatings Association (“ACA”) submitted comments to the U.S. Green Building Council (“USGBC”) on the Leadership in Energy and Environmental Design (LEED) v5. USGBC describes LEED v5 as the next version of what is generally considered a global benchmark whose purpose is to reduce the…