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Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Opening Brief Challenging U.S. Environmental Protection Agency's Alleged Failure to Address PFAS
Category: Arkansas Environmental, Energy, and Water Law
Public Employees for Environmental Responsibility (“PEER”) filed its Opening Brief in the United States Court of Appeals for the D.C. Circuit in the action styled: James Farmer, et al., v. Environmental Protection Agency, et al., No. 24-cv-01654-DLF. The United States District Court for the…
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Western Ridged Mussel/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service Regarding Listing
Category: Arkansas Environmental, Energy, and Water Law
The Center for Biological Diversity (“CBD”) sent a Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service (“Service”) alleging a violation of the Endangered Species Act (“ESA”). CBD alleges that the Service has violated the ESA by failing to issue a timely 12-month finding…
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Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Monticello Polystyrene Foam Product Manufacturing Facility Enter into Consent Administrative Order
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Drew Foam Companies Inc. (“DF”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an Air Permit. See Case #: CAO-25-0068. The CAO provides that DF…
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Pollution Exclusion/Permitted Emissions: Federal Appellate Court Addresses Coverage Question Related to Ethylene Oxide
Category: Arkansas Environmental, Energy, and Water Law
The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in a March 13th Opinion an insurance coverage question involving emissions of ethylene oxide. See GRIFFITH FOODS INTERNATIONAL INC., et al., v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Nos…
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Arkansas Advisory Committee on Petroleum Storage Tanks: March Meeting Moved to April 1st
Category: Arkansas Environmental, Energy, and Water Law
As noted in a previous blog post, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks that suffer corrective action requirements and third-party damage claims due to a release of petroleum. The Advisory Committee on Petroleum Storage Tanks…
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