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…
Spring 2025 United Agenda of Regulatory and Deregulatory Actions: Projected United States Environmental Protection Agency Activities
September 9, 2025
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2025 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). The Agenda includes information addressing: EPA regulations in the Semi-Annual Agenda that are under development, completed, or…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and McGehee Rice Milling Plant Enter into Consent Administrative Order
September 9, 2025
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Harvest Rice, LLC (“Harvest Rice”) entered into a July 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an Air Permit. See LIS No. 25-060. The CAO provides that Harvest Rice…