Government Immunity: Supreme Court of Texas Addresses Proprietary/Governmental Function Test
Co-Author: Amie Alexander A June 1, 2018, Supreme Court of Texas (“Court”) opinion addressed whether a Texas municipality enjoyed governmental immunity from a terminated lakefront lessee’s lawsuit. See Wasson Interests, LTD, v. City of Jacksonville, Texas, 2018 WL 2449184. The Court holds that the…
Landfill/Solid Waste Enforcement: Vermont Attorney General and Moretown, Vermont Landfill Operator Enter into Consent Order
The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations associated with the operation of a landfill. MLI is stated to own and operate the…
Drought Contingency Response Network: June 5th Arkansas Natural Resources Commission Report
The Arkansas Natural Resources Commission (“ANRC”) issued a June 5th document titled: Drought Contingency Response Network Report (“Report”) The Report was prepared in response to a 2014 Arkansas Water Plan Update recommendation that the ANRC: . . . Develop a coordinated drought contingency…
U.S. Environmental Protection Agency and "Fixer Upper" (Magnolia Waco Properties, LLC) Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and Magnolia Waco Properties, LLC (“MWP”) entered into a Consent Agreement and Final Order (“Consent Agreement”) addressing alleged violations of the Lead-Based Paint Renovation, Repainting Rule (“RRP Rule”). EPA personnel apparently are…
Dental Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Publishes Document Responding to "Frequently Asked Questions"
The United States Environmental Protection Agency (“EPA”) published a May 2018 document intended to respond to what it describes as “Frequently Asked Questions” regarding the recently issued Clean Water Act Dental Effluent Guidelines (“Guidelines”). EPA had promulgated pretreatment standards…