Wind Turbine Project Contract: Indiana Supreme Court Addresses Enforceability Issue
Co-Author: Maria Wright The Supreme Court of Indiana (“S.Ct.”) addressed in a recent Opinion issues arising out of a wind turbine contract. See Performance Servs., Inc. v. Randolph E. Sch. Corp., 211 N.E.3d 508, 512 (Ind. 2023). The question involved the enforceability of a wind-turbine contract…
Fenceline Monitoring/Clean Air Act: Colorado Department of Public Health & Environment and Commerce City Refinery Enter into Settlement
The Colorado Department of Public Health & Environment (“CDPHE”) issued a February 5th news release indicating it has entered into two settlement agreements with Suncor Energy (“Suncor”). The two agreements address a Suncor refinery in Commerce City, Colorado. One of the agreements addresses air…
No-Discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and National Park Service Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and National Park Service (“NPS”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit. See LIS No. 24-006. The CAO provides that NPS…
Sulfuric Acid Release/Hazardous Materials Transportation Act: Ohio Appellate Court Addresses Whether Certain State Law Claims Are Preempted
The Court of Appeals of Ohio (“Appellate Court”) addressed in a February 5th Opinion issues arising out of a judicial action for damages due to the release of sulfuric acid causing an injury. See Einbecker v. Gates Corporation, 2024, WL 416332. The question addressed was whether certain state law…
Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater permit. See Docket No. CWA-03-2024-0001. The CA provides that Berg…