Public Design-Build Projects in Arkansas (Part One): 30 Crossing Project Litigation
January 2, 2019
Under the Arkansas Code, the Arkansas Department of Transportation (“ARDOT”), via the Arkansas Highway Commission, can procure a transportation project using the design-build project delivery method. In fact, ARDOT is currently in the procurement phase of its first major design-build project – the…
Dam Construction/Colorado River: Environmental Groups File Federal NEPA/Clean Water Act/ESA Judicial Challenge to Denver Water (Colorado) Project
Waterkeeper Alliance, Inc. and several other environmental organizations (collectively “Waterkeeper”) filed a December 19th Petition for Review of Agency Action (“Petition”) in the United States District Court for the District of Colorado challenging the construction and operation of a project…
Air Enforcement: Arkansas Department of Environmental Quality and Johnson County, Arkansas, Compressor Station Operator Enter into Consent Administrative Order
The Arkansas Department of Environmental Quality and XTO Energy, Inc., (“XTO”) entered into a December 17th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 18-099. The CAO provides that XTO owns and operates a compressor station (“Station”) in…
Federal Government Shutdown: U.S. Environmental Protection Agency Status
December 31, 2018
by Walter G. Wright, Jr.
The second week of the United States government shutdown is having an increasing effect on various federal agencies. The agencies affected by the lapse in the 2018 Appropriation include the United States Environmental Protection Agency (“EPA”). Because of the availability of carryover funds, EPA…
C & H Hog Farms, Inc. (Newton County, Arkansas) Arkansas Pollution Control and Ecology Proceedings: Motion to Continue Preliminary Hearing
December 31, 2018
by Walter G. Wright, Jr.
C & H Hog Farms, Inc., (“C & H”) filed a December 7th Motion to Continue Preliminary Hearing (“Motion”) that had been scheduled by Administrative Law Judge Charles Moulton. See Docket No. 18-004-P. C & H is challenging the Arkansas Department of Environmental Quality’s (“ADEQ”) denial of an…