Interstate Transport/Ozone: Arkansas Petitions Eighth Circuit Court of Appeals Challenging U.S. Environmental Protection Agency State Implementation Plan Disapproval
February 17, 2023
by Walter G. Wright, Jr.
As noted in a February 14th post, the United States Environmental Protection Agency (“EPA”) issued a final rule disapproving State Implementation Plan (“SIP”) submissions for 19 states regarding interstate transport for the 2015 8-hour National Ambient Air Quality Standards. Arkansas’s SIP is one…
2023 Electric-Generating Capacity: U.S. Energy Information Administration Predicts More Than 50 Percent of New Facilities Will Be Solar
February 17, 2023
by Walter G. Wright, Jr.
The United Stated Energy Information Administration (“EIA”) published a February 6th report titled: More Than Half of New U.S. Electric-Generating Capacity in 2023 Will Be Solar (“Report”) The Report projects that of the 54.5 gigawatts (“GW”) that developers plan to add of new utility-scale…
Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Nashville Clay Company
February 17, 2023
by Walter G. Wright, Jr.
The Tennessee Air Pollution Control Board (“Board”) issued a January 26th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Kentucky-Tennessee Clay Company (“KTCC”) addressing alleged violations of an air permit. See Case No. APC22-0165. The proposed Order addresses…
Dam Removal/Riparian Rights: Federal Appellate Court Addresses Taking Claim
February 16, 2023
by Walter G. Wright, Jr.
The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely affecting an up-stream property owner. See Kreuziger v. Milwaukee County…
Release Reporting/CERCLA: U.S. Environmental Protection Agency and Oshkosh, Wisconsin, Facility Enter into Consent Agreement
February 16, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and CB Manufacturing Company, Inc. (“CB”) entered into a December 19th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and…