COVID-19/U.S. Environmental Protection Agency Temporary Policy Regarding Enforcement Discretion: Nine State Attorney Generals File Judicial Challenge
Nine State Attorney Generals filed a May 13th Complaint in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) memorandum (“Memorandum”) addressing “Temporary COVID-19 Implications for EPA’s Enforcement and…
Ethylene Oxide: Texas Commission on Environmental Quality Revises Safe Exposure Level
The Texas Commission on Environmental Quality (“TCEQ”) issued a May 15th news release stating it finalized an updated “safe exposure level for ethylene oxide.” TCEQ is setting a long-term effects screening level of 2.4 parts per billion. Ethylene oxide is a flammable, colorless gas. Two key uses…
Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Union County, Arkansas, Truck/Trailer Wash/Repair Facility Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Kehl Solutions, LLC (“KS”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System…
Conservation Easement/Golf Course: Federal Appellate Court Addresses Deductibility
The United States Court of Appeals for the Eleventh Circuit (“Court”) addressed in a May 13th Opinion a conservation easement issue. See Champions Retreat Golf Founders, LLC v. Commissioner of IRS, 2020 WL 2462534. The question considered was whether a conservation easement that included a private…
State Air Trends & Successes - The StATS Report: The Association of Air Pollution Control Agencies Issues 2020 Edition
The Association of Air Pollution Control Agencies (“AAPCA”) has issued the 2020 edition of its annual report titled: State Air Trends & Successes - The StATS Report (“Report”). AAPCA describes the Report as cataloging: . . . the tremendous progress that has been made improving air quality in the…