Removal of Title V Emergency Affirmative Defense Provisions/State Operating Permit Programs: U.S. Environmental Protection Agency Final Rule
The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V Operating Permit programs under the Clean Air Act. See 88 Fed. Reg. 47029…
County Stormwater Detention Ponds/Adjacent Groundwater Impact: Federal Court Addresses Agricultural Operation's Taking/Nuisance Claims
A United States District Court (W.D. Wisconsin)(“Court”) addressed in a July 19th Opinion and Order (“Opinion”) an issue arising out of the alleged release of water from a breach in the bottom of three stormwater detention ponds. See Kaltenberg, et al. v. County of Dane, 2023 WL 462359. The alleged…
Arkansas Pollution Control and Ecology Commission Meeting – Friday, July 28th Meeting Scheduled
The Arkansas Pollution Control and Ecology Commission (“Commission”) is the environmental policy-making body for Arkansas. The Commission, with certain exceptions, meets on a monthly basis. The Commission will meet Friday, July 28th, at 10:00 a.m. in the Commission Room located at the Arkansas…
Toxics Release Inventory/Community Right-to-Know: U.S. Environmental Protection Agency Final Rule Adding Diisononyl Phthalate
The United States Environmental Protection Agency (“EPA”) published a final rule in the July 14th Federal Register adding diisononyl phthalate (“DP”) to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (“EPCRA”). See 88…
Arkansas Advisory Committee on Petroleum Storage Tanks: July 26th Meeting
As noted in a previous blog post, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks that suffer corrective action requirements and third-party damage claims due to a release of petroleum. The Advisory Committee on Petroleum Storage Tanks…