Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict Liability are Preempted
September 5, 2023
by Walter G. Wright, Jr.
The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in relation to a tank explosion that caused serious injuries. See Buono v…
Wetlands/Breach of Contract: White County, Arkansas, Circuit Court Complaint Filed Alleging Failure to Disclose
September 5, 2023
by Walter G. Wright, Jr.
Rice holdings, LLC (“Rice”) filed a September 1st Complaint against three individuals and a realty company that include: Renee Holder Paul David Norman Ted Arnett Ted Arnett, on behalf of Arnett Realty, Inc. Arnett Realty, Inc. The Complaint alleges that Rice entered into a real estate contract…
112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement and Final Order
September 5, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act regulations that implement Section 112(r)(7) of the Clean Air Act…
Recycling Defense/CERCLA: U.S. District Court Addresses Applicability of Superfund Recycling Equity Act
September 1, 2023
by Walter G. Wright, Jr.
A United States District Court (Central District of California) (“Court”) addressed in an Order an issue arising under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See California Department of Toxic Substances Control et al. v. NL Industries, Inc…
Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Fentress County Retail Motor Fuel Facility
September 1, 2023
by Walter G. Wright, Jr.
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Order and Assessment (“Order’) to Murphy Oil USA, Inc. (“Murphy”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) regulations. See Division of Underground Storage Tanks…