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Mold: Arkansas Court of Appeals Addresses Alleged Breach in Residential Lease Agreements
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Grant Gentry The Arkansas Court of Appeals addressed in a May 24th Opinion an issue involving alleged unsafe conditions at a Helena apartment building. See Angel v. Helena Renaissance 1, L.P., 2023 Ark. App. 297. A concern raised by the tenants was the presence of mold. The question…
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Headwaters Protection Act of 2023: Legislation Introduced in United States Senate Expanding Two United States Forest Service Programs
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Several United States Senators introduced legislation titled: Headwaters Protection Act of 2023 (“Act”) The legislation was introduced by: Senator Michael Bennet Senator Mike Crapo Senator Dianne Feinstein Senator James Risch Senator Ben Ray Luján Senator Mark Kelly Senator John Hickenlooper…
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Coal Combustion Residual Enforcement/Coal Combustion Residual Ponds: Illinois Attorney General and Owner of Inactive Illinois Electric Generating Facility Enter into Consent Order
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Illinois Attorney General (“AG”) and Dynergy Midwest Generation LLC (“Dynergy”) entered into a June 9th Consent Order (“CO”) addressing alleged violations associated with three coal combustion residual (“CCR”) ponds. The CCR ponds are stated to be located at an inactive coal-fired electric…
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Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source
June 19, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of Kauai and Elizabeth A. Char in her official capacity as Director of Health of…
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PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately Owned/Operated Municipal Solid Waste Landfills
June 19, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately owned/operated municipal solid waste landfills in EPA’s proposed regulation of PFAS…
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