Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Civil Penalty Addressing Decatur County Municipal Landfill
September 16, 2019
by Walter G. Wright, Jr.
The Tennessee Air Pollution Control Board (“Board”) issued an August 29th Technical Secretary’s Order and Assessment of Penalty (“Order”) addressing an alleged air permit violation by Decatur County, Tennessee, Government (“Decatur”). See Division of Air Pollution Case No. APC19-0040. Decatur is…
Proceeding Without Local Counsel—lawyer beware!
September 13, 2019
by Devin R. Bates
Arkansas law is clear that “pleadings filed on behalf of another by a person not licensed to practice law in [Arkansas] are a nullity.” DeSoto Gathering Co. v. Hill, 531 S.W.3d 396, 403 (Ark. 2017). Normally, this means that out-of-state lawyers associate with local counsel or make a motion to…
Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Finalizes New Rule
September 13, 2019
by Walter G. Wright, Jr.
On September 12th the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “EPA”) announced the finalization of a new rule addressing the Clean Water Act definition of Waters of the United States (“WOTUS”). EPA had previously rescinded the Obama era…
Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Materials of Trade Provisions
September 13, 2019
by Walter G. Wright, Jr.
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 1st interpretive letter a question regarding the Hazardous Materials Regulations (“HMR”) applicable to materials of trade (“MOTs”). PHMSA was responding to an April 1st query from the Dangerous…
UIC/Wastewater Enforcement: Arkansas Department of Energy and Environment Notice of Violation to Bethel Heights, Arkansas
September 13, 2019
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment (“ADEE”) issued an August 16th Notice of Violation (“NOV”) to the City of Bethel Heights, Arkansas (“Bethel Heights”). See LIS No. 19-070. The NOV addresses alleged violations of a No-Discharge Permit issued pursuant to the authority of Arkansas…