Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and El Dorado Sawmill Enter into Consent Administrative Order
February 16, 2023
by Walter G. Wright, Jr.
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Resolute El Dorado, Inc. (“Resolute”), entered into a January 25th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 23-011. The CAO provides that Resolute…
Lake Access: Arkansas Court of Appeals Addresses Challenge to Fees/Restrictions
February 15, 2023
by Walter G. Wright, Jr.
The Arkansas Court of Appeals (Division 1)(“ACA”) addressed in a February 1st Opinion a challenge to restrictions by a private entity on the use of a lake. See The AGRED Foundation v. Friends of Lake Erling Association, No. CV-20-509. The issues involved lake-use policies imposed by the owner of…
Storage Tank Enforcement: U.S. Environmental Protection Agency and McLaughlin, South Dakota, Facility Enter into Expedited Settlement Agreement
February 15, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and Farmer’s Union Oil of McLaughlin (“Farmer’s”) entered into a January 6th Expedited Settlement Agreement (‘ESA”) addressing alleged violations of the underground storage tank (“UST”) regulations found at 40 CFR. Part 280, et seq. See…
Improving Water Planning in Texas: January 2023 Environmental Defense Fund Report
February 15, 2023
by Walter G. Wright, Jr.
The Environmental Defense Fund (“EDF”) issued a January 2023 report titled: Improving Water Planning in Texas – The Critical but Overlooked Link Between Desired Future Conditions and the State Water Plan (“Report”) The Report’s authors include: Carlos Rubinstein Former Chairman of the Texas…
Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?
Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the doctrine in the context of prescription drug claims. West v. Searle & Co., 305…