Interstate Transport/Ozone: Eighth Circuit Court of Appeals Grants Arkansas's Motion to Stay the U.S. Environmental Protection Agency Disapproval of Arkansas's State Implementation Plan
The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an order on May 25th granting the State of Arkansas’s Motion to Stay the United States Environmental Protection Agency’s (“EPA”) Arkansas State Implementation Plan (“SIP”). EPA had issued a rule disapproving Arkansas’s…
Credit Assistance Program/Dam Maintenance, Upgrade and Repair Costs: U.S. Army Corps of Engineers Promulgates Final Rule
The United States Army Corps of Engineers (“Corps”) published a May 22nd final rule in the Federal Register that creates a new credit assistance program available for safety projects to maintain, upgrade, and repair dams. See 88 Fed. Reg. 32661. The credit assistance program is authorized under…
OSHA Enforcement: Proposed Penalty Assessment Addressing Kenton, Ohio, Resin Manufacturing Facility
The Occupational Safety and Health Administration (“OSHA”) issued a May 18th news release stating that it was issuing penalties for alleged violations to Durez Corp. (“Durez”). The news release describes the Durez facility (“Facility”) as a resin manufacturer in Kenton, Ohio. OSHA is stated to have…
Waters of the United States/Clean Water Act: U.S. Supreme Court Issues Opinion in Sackett v. U.S. Environmental Protection Agency
The United States Supreme Court (“SCT”) issued an Opinion on May 25th in Sackett v. Environmental Protection Agency, et al., addressing the scope of the Clean Water Act definition “Waters of the United States” (“WOTUS”). The SCT had granted a Petition for a Writ of Certiorari to address the…
Solid Waste Management Services: Ohio Appellate Court Addresses Whether Certain Services Constituted Grounds For Contract Termination
Co-Author: Drew Allen The Court of Appeals of Ohio (“Appellate Court”) addressed in a May 12th Decision and Judgment (“Decision”) an issue arising out of a solid waste and transport agreement between two counties. See Board of County Commissioners of Erie County v. Joseph Hintz, et al., 2023 WL…