Arkansas State Implementation Plan Revisions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Startup, Shutdown, and Malfunction Provisions
The United States Environmental Protection Agency (“EPA”) published a July 21st Federal Register Notice proposing to approve two revisions to the Clean Air Act Arkansas State Implementation Plan (“SIP”). See 88 Fed. Reg. 47095. The revisions were submitted by Arkansas in response to a finding of…
Ethylene Oxide/OSHA Enforcement: Proposed Penalties for Verona, Missouri, Chemical Plant
The Occupational Safety and Health Administration (“OSHA”) issued a July 11th news release stating that it was undertaking enforcement against BCP Ingredients Inc. (“BCPI”). BCPI is stated to operate a chemical plant in Verona, Missouri. OSHA states that pursuant to a January 2023 inspection it…
Regenerative Agriculture Financing Program: Environmental Defense Fund/Farmers Business Network Announce Results of 2022 Pilot
The Environmental Defense Fund and Farmers Business Network (collectively, “EDF”) issued on July 19th a report titled: Regenerative Agriculture Financing Program Results of the 2022 Pilot (“Report”) The Regenerative Agriculture Financing Program (“RAF”) was established in January 2022 by EDF to…
Removal of Title V Emergency Affirmative Defense Provisions/State Operating Permit Programs: U.S. Environmental Protection Agency Final Rule
The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V Operating Permit programs under the Clean Air Act. See 88 Fed. Reg. 47029…
County Stormwater Detention Ponds/Adjacent Groundwater Impact: Federal Court Addresses Agricultural Operation's Taking/Nuisance Claims
A United States District Court (W.D. Wisconsin)(“Court”) addressed in a July 19th Opinion and Order (“Opinion”) an issue arising out of the alleged release of water from a breach in the bottom of three stormwater detention ponds. See Kaltenberg, et al. v. County of Dane, 2023 WL 462359. The alleged…