Oil and Natural Gas Production Facility/Natural Gas Transmission/Storage Facility NESHAP Categories: U.S. Environmental Protection Agency Final Rule Removing Affirmative Defense Provisions
The United States Environmental Protection Agency (“EPA”) issued a final rule in the October 22nd Federal Register that removes the emergency defense provisions in the Clean Air Act National Emissions Standards for Hazardous Air Pollutants (“NESHAP”) for the following source categories: Oil and…
Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Savannah Public Water System
The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed September 20th Director’s Order and Assessment (“Order”) addressing Tennessee River Investors (“TRI”) alleging violation of the Tennessee Safe Drinking Water Act (“SDWA”) regulations. See Case No. DWS24-0068. TRI is…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nashville Gypsum Wallboard Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“Certainteed”) entered into an October 14th Consent Administrative Order (“CAO”) addressing alleged violations of an Air Permit. See LIS No. 24-148. The CAO…
Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review
Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera Beach, Florida, USCA11 Case: 23-11119 (11th Cir. 2024). The alleged taking…
Organic Residuals/Storage Lagoon: Nuisance Action Filed in Circuit Court Addressing Crawford County, Arkansas Facility
An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734. The individual and the restaurant owner are: Bruce Spinas. RCB Management, LLC…