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Underground Injection Control Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Washington County Meat Processing Facility Enter into Consent Administrative Order
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and B&R Meat Processing, LLC (“B&R”) entered into a September 16th Consent Administrative Order (“CAO”) addressing alleged violations of the Underground Injection Control (“UIC”) Code. See LIS No. 21-101…
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Arkansas Recycling Tax Credits: October 7th Arkansas Environmental Federation/Annual Convention Presentation
Category: Arkansas Environmental, Energy, and Water Law
I undertook a presentation at the October 7th Arkansas Environmental Federation virtual Annual Convention titled: Arkansas Recycling Tax Credits (“Presentation”) The Presentation focused on an Arkansas statute/program that arguably provides significant financial incentives and benefits some or…
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Long Term Control Plans/EPA Combined Sewer Overflow Policy: National Association of Clean Water Agencies' Amicus Brief Supporting San Francisco Challenge
Category: Arkansas Environmental, Energy, and Water Law
The National Association of Clean Water Agencies (“NACWA”) and other members of the organization filed an amicus brief (“Brief”) in the United States Court of Appeals for the Ninth Circuit in relation to an issue arising out of implementation of the United States Environmental Protection Agency…
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Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary's Order/Civil Penalty Addressing South Fulton Facility
Category: Arkansas Environmental, Energy, and Water Law
The Tennessee Air Pollution Control Board (“Board”) issued a September 13th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to ColorCoat, Inc. (“ColorCoat”). See Case No. APC21-0102. The Order provides that ColorCoat operates a facility in South Fulton, Tennessee…
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Hospital/404 Wetland Permit: U.S. District Court Addresses Challenge to U.S. Army Corps of Engineers Alternative Analysis/Public Interest Review
Category: Arkansas Environmental, Energy, and Water Law
A United States District Court (N.D. Ohio) (“Court”) addressed in a September 9th Order an issue involving the Section 404 Clean Water Act wetland permitting program. See Friends Mahoning River v. U.S. Army Corps of Engineers, WL 4133763. The basis for the United States Corps of Engineers (“Corps”)…
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