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Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate (Correction)
Category: Arkansas Environmental, Energy, and Water Law
The post yesterday addressing this Arkansas Court of Appeals decision contained an error. In addressing the Court’s outlining of principles of statutory interpretation, the post referenced the phrase “plain and ambiguous.” The phrase actually found in the Opinion was “plain and unambiguous.” The…
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Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Court of Appeals (“Court”) addressed in a March 18th Opinion a challenge to the application of Arkansas Code Annotated Section 20-7-136 (Act 197). See 2020 Ark. App. 180. Act 197 provides that: “[t]he company, corporation, municipality, county, government agency, or other entity that…
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Waters of the United States/Clean Water Act: Environmental Organizations File Judicial Challenge to U.S. Environmental Protection Agency/Corps of Engineers Final Rule
Category: Arkansas Environmental, Energy, and Water Law
The Conservation Law Foundation and other environmental organizations (collectively “CLF”) filed a Complaint in the United States District for the District of Massachusetts challenging the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “EPA”)…
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Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Question Regarding Shipping Papers
Category: Arkansas Environmental, Energy, and Water Law
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 31st letter the application of the Hazardous Materials Regulations (“HMR”) applicable to shipping papers. PHMSA was responding to a July 25, 2019, query from J. Lazarus Consulting and Training…
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Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Danville, Illinois Site
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Agency (“EPA”) public noticed in the April 10th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 85 Fed. Reg. 20266. The PPA concerns the Danville Central Foundry Landfill Site (“Danville Site”) in Danville, Illinois. Because federal liability…
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