Citizen Suit Enforcement/Clean Air Act: Federal Court Addresses U.S. Department of Justice Request to Intervene/Dismiss NAACP's Challenge to Southaven, MS Data Center
The United States District Court for the Northern District of Mississippi addressed in an October 19th Opinion and Order (“Opinion”) a request by the United States Department of Justice (“DOJ”) to intervene as a Plaintiff and dismiss the citizen suit action filed by the National Association for the…
Riparian Rights: Florida Appellate Court Addresses Scope of Right to a View
Co-Author Maxwell Parker The District Court of Appeals of Florida (“Court”) addressed an issue involving riparian rights. The issue considered was an Aventura landowner’s claim that his neighbor’s dock construction plans would infringe upon his riparian right to a direct, unobstructed view of the…
Arkansas Advisory Committee on Petroleum Storage Tanks: October 28th Meeting (Discussion Packet Included)
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…
Citizen Suit Action/Clean Air Act: Sierra Club Notice of Intent to Sue U.S. EPA for Failure to Make Attainment Determination for PM2.5 NAAQS
Little Manila Rising, Medical Advocates for Healthy Air, and Sierra Club (collectively "Sierra Club") sent a September 24th document to the United States Environmental Protection Agency (“EPA”) styled: Clean Air Act Notice of Intent to Sue for Failure to Make an Attainment Determination for the…
Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary Order/Civil Penalty Addressing Vonore Fiber Products Facility
The Tennessee Air Pollution Control Board (“Board”) issued an August 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Vonore Fiber Products LLC (“VFP”) addressing alleged violations of an Air Permit. See Case No. APC25-0243. The Order addresses a fiber products…