Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Hermitage Retail Motor Fuel Facility Operator
The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) Regulations. The Order provides that Racetrac operates USTs…
Water Resources Development Act of 2024/U.S. Senate Environment & Public Works Committee: Arkansas Provisions
The United States Senate Environment & Public Works Committee has advanced the following legislation: Water Resources Development Act of 2024 (“WRDA2024”). The Water Resources Development Act is biennial legislation that authorizes flood control, navigation, and ecosystem restoration projects…
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…