Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty to Decherd, Tennessee Engine Machining Facility
December 13, 2019
by Walter G. Wright, Jr.
The Tennessee Air Pollution Control Board issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Nissan North America, Inc., (“Nissan”) for alleged violations of an air permit. See Division of Air Pollution – Case No. APC19-0119. The Order states that Nissan operates an…
Demand Response and Advanced Metering: 2019 Federal Energy Regulatory Commission Staff Report
December 12, 2019
by Walter G. Wright, Jr.
The Federal Energy Regulatory Commission (“FERC”) issued on December 11th a staff report titled: 2019 Assessment of Demand Response and Advanced Metering (“Report”) The 2019 Report is the fourteenth annual report on demand response and advanced metering. The term “demand response” typically…
Interstate Ozone/Environmental Groups Citizen Suit Notice to U.S. Environmental Protection Agency: Arkansas Is One of Twenty States Targeted
A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure to act on a non-discretionary federal Clean Air Act duty. The coalition…
Hazardous Waste Enforcement: Alabama Department of Environmental Management and Oxford, Alabama Aircraft Repair/Maintenance Facility Enter into Consent Order
December 12, 2019
by Walter G. Wright, Jr.
The Alabama Department of Environmental Management (“ADEM”) and Aerospace Coatings International, LLC (“ACI”) entered into a December 4th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code regulating hazardous waste. See Consent Order No. 20-XXX-CHW. The CO provides…
Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
December 11, 2019
by Devin R. Bates
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…