Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures): Draft Revisions
The Arkansas Department of Environmental Quality (“ADEQ”)posted in late January draft revisions to Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures)(“Reg. 8”). Reg. 8 encompasses the administrative procedures both ADEQ and the Arkansas Pollution Control…
Water Enforcement: Missouri Department of Natural Resources Notice/Order to Pay Administrative Penalties to Springfield, Missouri Grease Recycling Facility
The Missouri Department of Natural Resources (“MDNR”) issued a Notice and Order to Pay Administrative Penalties (“Order”) to Mid-State’s Recycling LLC (“MSR”) for alleged violations of the Missouri Clean Water Law. See Order No. 2018-WPCD-1500. The Order describes MSR as a grease recycling company…
Waste Imports/Exports: U.S. Environmental Protection Agency Notice/Request for Comment Addressing Freedom of Information Act
The United States Environmental Protection Agency (“EPA”) issued a February 27th Federal Register Notice and Request for Comment describing Freedom of Information Act (“FOIA”) requests that the agency states it periodically receives asking for: . . . documentation received or issued by EPA or data…
Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?
Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews.[1] This decision has been controversial; it has already resulted in a rejection of lawsuits against the State,[2] and is being…
Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental Assessment
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a February 27th opinion addressed a challenge by the Northern Plaints Resource Council, Inc. (“NPRCI”) to an Environmental Assessment (“EA”) prepared by the United States Bureau of Land Management (“BLM”). See Northern…