Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Addressing Wet Battery Recycling Issue Question
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a September 9th letter the application of the federal Hazardous Materials Regulations (“HRM”) applicable to the transportation of wet batteries filled with acid (“Batteries”). See Reference No. 22-0068…
Equivalent Test Method/Clean Air Act: U.S. Environmental Protection Agency Federal Register Notice Designating New Method for Monitoring Ambient Air Quality
The United States Environmental Protection Agency (“EPA”) published an October 28th Federal Register Notice announcing it has designated one new equivalent method for measuring concentrations of Particulate Matter in the 2.5-micron range (“PM2.5”) in ambient air. See 87 Fed. Reg. 65203. Pursuant to…
Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into Agreed Order
The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order No. 7216 22. The AO provides that JWM is undertaking a subdivision…
Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Arkansas Department of Parks, Heritage, and Tourism Enter into Consent Administrator Order
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Arkansas Department of Parks, Heritage, and Tourism (“Department”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National…
Total Pollution Exclusion/Crude Oil Leak: Federal Appellate Court Addresses Insurance Coverage Question
The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an October 26th Opinion a company’s Commercial General Liability (“CGL”) policy Total Pollution Exclusion (“TPE”). See Central Crude, Inc. v. Liberty Mutual Insurance Company, et al., No. 21-30707. The issue…