Dam Removal/Riparian Rights: Federal Appellate Court Addresses Taking Claim
February 16, 2023
by Walter G. Wright, Jr.
The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely affecting an up-stream property owner. See Kreuziger v. Milwaukee County…
Release Reporting/CERCLA: U.S. Environmental Protection Agency and Oshkosh, Wisconsin, Facility Enter into Consent Agreement
February 16, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and CB Manufacturing Company, Inc. (“CB”) entered into a December 19th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and…
Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and El Dorado Sawmill Enter into Consent Administrative Order
February 16, 2023
by Walter G. Wright, Jr.
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Resolute El Dorado, Inc. (“Resolute”), entered into a January 25th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 23-011. The CAO provides that Resolute…
Lake Access: Arkansas Court of Appeals Addresses Challenge to Fees/Restrictions
February 15, 2023
by Walter G. Wright, Jr.
The Arkansas Court of Appeals (Division 1)(“ACA”) addressed in a February 1st Opinion a challenge to restrictions by a private entity on the use of a lake. See The AGRED Foundation v. Friends of Lake Erling Association, No. CV-20-509. The issues involved lake-use policies imposed by the owner of…
Storage Tank Enforcement: U.S. Environmental Protection Agency and McLaughlin, South Dakota, Facility Enter into Expedited Settlement Agreement
February 15, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and Farmer’s Union Oil of McLaughlin (“Farmer’s”) entered into a January 6th Expedited Settlement Agreement (‘ESA”) addressing alleged violations of the underground storage tank (“UST”) regulations found at 40 CFR. Part 280, et seq. See…