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Trees/Associated Wood Products Within a County Right-of-Way: Arkansas Attorney General Opinion Addresses Ownership Issue
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Attorney General (“AG”) addressed in a December 2nd Opinion an issue regarding a Baxter County right-of-way. The question involved ownership of trees and related wood products within the Baxter County right-of-way. The December 2nd Opinion states that the Baxter County Road and Bridge…
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Ozone/Clean Air Act: U.S. Environmental Protection Agency Final Rule Retaining Current National Ambient Air Quality Standard
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the Obama Administration in 2015. The Clean Air Act requires that EPA periodically…
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Five-Year Status Review/Endangered Species Act: U.S. Fish and Wildlife Service Notice of Initiation for Northern Long-Eared Bat
Category: Arkansas Environmental, Energy, and Water Law
The United States Fish and Wildlife Service (“Service”) announced on December 23rd in a Federal Register Notice that it initiated a status review for the Northern Long-Eared Bat (“long-eared bat”) under the Endangered Species Act (“ESA”). See 85 Fed. Reg. 83993. The long-earned bat’s range includes…
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93rd Arkansas General Assembly: Sales/Use Tax Applicable to Use of Coal by Manufacturers
Category: Arkansas Environmental, Energy, and Water Law
The 93rd Arkansas General Assembly will convene for regular session on January 11, 2021. The pre-filing of bills and resolutions began on November 16th. Senate Bill 26 was filed on December 28th. It amends the Arkansas Code provisions addressing the sales and use tax rate for certain utilities used…
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Cadmium/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue for Alleged Violation of Section 7
Category: Arkansas Environmental, Energy, and Water Law
The Center for Biological Diversity (“CBD”) sent a December 16th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) for alleged violations of Section 7 of the Endangered Species Act (“ESA”). The NOI alleges that EPA’s violation of Section 7 is associated…
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