Affordable Clean Energy Rule/Clean Air Act: D.C. Circuit Court of Appeals Vacates and Remands EPA ACE Rule
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined that the Environmental Protection Agency (“EPA”) did not act lawfully when it…
Criminal Enforcement/Clean Water Act: Industrial Wastewater Operator Pleads Guilty to Alleged Landfill Leachate Discharges
The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan to alleged violations of the Clean Water Act. Massey is stated to be the…
Construction and Demolition Debris/Flow Control: Federal Court Addresses Challenge to King County, Washington Ordinance
A United States District Court (W.D. Washington) (“Court”) addressed in a January 14th Order a challenge to certain provisions of a solid waste flow control ordinance (“Ordinance”). See Skycorp LTD v. King County, 2021 WL 135846. The provisions of the Ordinance being challenged involve the disposal…
93rd Arkansas General Assembly: Energy Source of a Utility Service/Discrimination Prohibited
The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. Senate Bill 137 (“SB 137”) has been filed whose purpose is stated to: . . . prohibit discrimination on the basis of the energy source of a utility…
Storage Tank Enforcement: U.S. Environmental Protection Agency and Illinois Village Enter into Expedited Settlement Agreement
The United States Environmental Protection Agency (“EPA”) and the Village of Oak Park, Illinois (“Oak Park”) entered into a January 8th Expedited Settlement Agreement (“ESA”). See R5-UST-21-001-AC. The ESA addresses an alleged violation of the federal Underground Storage Tank Regulations. The…