94th Arkansas General Assembly/Agricultural Operation: Legislation Addressing Burden of Proof for Nuisance Action
February 28, 2023
by Walter G. Wright, Jr.
House Bill 1434 (“HB 1434”) was filed earlier in February addressing the burden of proof on parties bringing an action against an agricultural operation alleging a nuisance. The bill’s original sponsor is Representative Vaught. Senator B. Johnson was added through Amendment No. 1 as a co-sponsor…
Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement
February 28, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that Dixon, Missouri, is a municipality organized under the laws of Missouri and…
Inverse Condemnation/Municipal Drainage Pipe Approval: Arkansas Court of Appeals Addresses Taking Claim
February 27, 2023
by Walter G. Wright, Jr.
The Arkansas Court of Appeals (“Court of Appeals”) addressed in a February 15th Opinion issues arising out of an inverse condemnation claim. See City of Sherwood v. Clint Bearden, 2023 Ark. App. 67. The inverse condemnation claim involved the City of Sherwood, Arkansas’s, appeal of a drainage pipe…
RCRA No-Migration Variance/Temporary Placement of Treated Hazardous Waste Within a Permitted Subtitle C Landfill: U.S. Environmental Protection Agency Issues Guidance Policy
February 27, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA) published in the February 22nd Federal Register a notice that it is finalizing guidance involving petitions for a No-Migration Variance (“NMV”) under the Land Disposal Restrictions (“LDRs”) pursuant to the Resource Conservation and Recovery…
Air Enforcement: Proposed Technical Secretary's Order/Civil Penalty Addressing Athens Landfill
February 27, 2023
by Walter G. Wright, Jr.
The Tennessee Air Pollution Control Board (“Board”) issued a February 15th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Environmental Trust Company d/b/a Meadow Branch Landfill (“ETC”) addressing alleged violations of an air permit. See The proposed Order addresses an…