Air Enforcement: Alabama Department of Environmental Management and Leeds Brick Manufacturing Facility Enter into Consent Order
September 11, 2025
by Walter G. Wright, Jr.
The Alabama Department of Environmental Management (“ADEM”) and Acme Brick Company (“ABC”) entered into a July 28th Consent Order (“CO”) addressing alleged violations of an Air Permit. See Consent Order No. XXXXXXX. The CO provides that ABC operates a brick manufacturing facility in Leeds, Alabama…
New Source Review/Clean Air Act: U.S. Environmental Protection Agency Guidance Addressing "Begin Actual Construction"
September 10, 2025
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations. The interpretive letter is transmitted from Aaron Szabo, EPA Assistant…
Common Law Action/PCBs: Federal Court Addresses Lakefront Property Owners Damage Claim
September 10, 2025
by Walter G. Wright, Jr.
Co-Author Claire Heffley A federal court in South Carolina addressed in an August 6th Opinion issues arising out of a putative class action filed by lakefront property owners alleging contamination due to the dissemination of motor and transformer oil into the lake. See Jones v. Duke Energy Corp…
Use of Historical/Current Collections to Assess the Distribution and Status of Fishes in Arkansas: Arkansas Water Webinar/September 18th
September 10, 2025
by Walter G. Wright, Jr.
The Arkansas Water Resources Center (“AWRC”) has announced an Arkansas Water Webinar that will be held on September 18th titled: Use of Historical and Current Collections to Assess the Distribution and Status of Fishes in Arkansas (“Webinar”). The Webinar will be held from noon – 1:00 PM…
Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense
September 9, 2025
by Walter G. Wright, Jr.
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation Group v. Environmental Protection Agency, 2025 WL 2552531. The SSM Litigation…