Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision
The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified subsequent to closing. See Wisconsin Central Ltd. v. Soo Line Railroad Co., No…
Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Brook Park, Ohio, Recycling Facility Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and KB Trading, Inc. (“KB”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations addressing: . . . disposing of appliances, including small appliances and motor vehicle…
UIC/SSO Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Salesville Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing alleged violations involving the Underground Injection Control (“UIC”) Code…
Concentrated Animal Feeding Operations/ Water Pollution Control: Maryland Circuit Court Addresses Whether Permit Should Have Included Gaseous Ammonia Prohibition
A Montgomery County, Maryland, Circuit Court (“Court”) addressed in a Memorandum Opinion (“Opinion”) whether a reissued State Discharge Permit No. 19AF/National Pollution Discharge Elimination System Permit No. MDG01 (“Permit”) should have included a prohibition on gaseous ammonia. See In Re…
Arkansas-Louisiana Open Pine Landscape Restoration: U.S. Department of Agriculture Announces Partnership Project Award
The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) announced 85 new partnership projects in the amount of $335 million that are stated to be intended to: Improve water quality Address climate change Combat drought Enhance soil health Support wildlife…