Waste Derived Fuels/Cement Manufacturing Facility: Indiana Appellate Court Addresses Zoning Classification Issue
The Court of Appeals of Indiana “Court“ in an April 18th opinion addressed a zoning question associated with a cement kiln’s desire to utilize liquid waste derived fuels (“LWDF”). See Essroc Cement Corp v. Clark County Board of Zoning Appeals and Sierra Club , Court of Appeals Case No…
PFAS/Drinking Water Standard: Federal Legislation Introduced Imposing Mandate for U.S. Environmental Protection Agency
H.R. 2377 was introduced into the United States Congress which would amend the Safe Drinking Water Act (“SDWA”)to require that the United States Environmental Protection Agency (“EPA”) publish a Maximum Contaminant Level goal for total per- and polyfluoroalkyl substances (collectively “PFAS”). The…
Air Enforcement: Arkansas Department of Environmental Quality and Owner of Alexander, Arkansas, Metal Finishes Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Environmental Quality (“ADEQ”) and PPG Industries, Inc., (“PPG”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 19-033. The CAO provides that PPG owns and operates a facility (“Facility”) that…
Second Set of Qualified Opportunity Zone Proposed Regulations Provide Clarity to Potential Investors
As discussed here in November (Why 2019 Will be the Year of Opportunity (Zones)), the Tax Cuts and Jobs Act created a tax-advantaged incentive program for investing in designated “qualified opportunity zones” throughout the country, including many locations in Arkansas. The opportunity zone program…
Subdivision Owned Lake: Missouri Supreme Court Addresses Riparian Rights of Adjacent Landowner
The Supreme Court of Missouri addressed in an April 30th opinion a riparian rights issue associated with an artificial body of water. See Incline Village Board of Trustees v. Elder, 2019 WL 1912218. The question considered was whether a landowner adjacent to a lake that had been built and is owned…