Terminal Contract/Environmental Regulations: Federal Appellate Court Addresses Claims of Excused Performance Related to Coal Shipments
February 24, 2021
by Walter G. Wright, Jr.
The United States Court of Appeals, Eleventh Circuit (“Eleventh Circuit”), in a February 17th Opinion addressed a dispute involving a terminal contract with a minimum coal tonnage use provision. See Drummond Coal Sales Inc. v. Kinder Morgan Operating LP “C”, 2021 WL 613748. The issue addressed was…
Clean Air Act/Applicability Determination Index: U.S. Environmental Protection Agency February 22nd Notice of Additions
February 24, 2021
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) maintains a Compendium of written responses to certain Clean Air Act inquiries from owners or operators of stationary sources. The Compendium is known as the Applicability Determination Index (“ADI”). EPA in a February 22nd Federal Register…
National Pollution Discharge Elimination System Sampling/Inclement Weather: Arkansas Department of Energy and Environment - Division of Environmental Quality Statement
February 24, 2021
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment (“Division of Environmental Quality”) recently issued a statement on its website addressing Clean Water Act National Pollution Discharge Elimination System (“NPDES”) sampling during inclement weather. DEQ states that: . . . If a permittee is unable…
State Environmental Agency Modernization/Leveraging Unmanned Aerial Systems to Improve Environmental Results: Environmental Council of the States Report (Including an Arkansas Case Study)
February 23, 2021
by Walter G. Wright, Jr.
The Environmental Council of the States (“ECOS”) released a February 11th report titled: State Environmental Agency Modernization – Leveraging Unmanned Aerial Systems to Improve Environmental Results (“Report”) The Report is authored by Paulina Lopez-Santos, Project Associate, under the direction…
TVA/Tennessee Department of Environment and Conservation Memorandum of Agreement: Defining Responsibilities for the Deployment of Public Electric Vehicle Charging Infrastructure
February 23, 2021
by Walter G. Wright, Jr.
The Tennessee Department of Environment and Conservation (“TDEC”) and Tennessee Valley Authority (“TVA”) executed a Memorandum of Agreement (“MOA”) titled: To Define Responsibilities for the Deployment of Public Electric Vehicle Charging Infrastructure in Tennessee The purposes of the MOA are…