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Products Liability Series: Does a Plaintiff Have a Duty to Mitigate Damages Under Arkansas Law?
February 7, 2023 by Devin R. Bates, Benjamin D. Jackson
Category: Litigation
Does a plaintiff have a duty to mitigate damages under Arkansas law? Yes. An injured person must use ordinary care to seek out treatment and follow the advice of physicians. Any damages resulting from a failure to use such care cannot be recovered. AMI 2214. This applies to property or business…
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Alternative Test Methods/Clean Air Act: U.S. Environmental Protection Agency Identifies New Approvals
February 7, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) published in a January 19th Federal Register Notice an announcement regarding applicable alternative test methods that the federal agency recently approved under the Clean Air Act addressing: ASTM E2779–10—Standard Test Method for…
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Hazardous Waste Enforcement: Alabama Department of Environmental Management and Glencoe Commercial Hazardous Waste Treatment, Storage, and Disposal Facility Enter into Consent Order
February 7, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Alabama Department of Environmental Management (“ADEM”) and Clean Earth of Alabama, Inc. (“Clean Earth”) entered into a January 10th Consent Order (“CO”) addressing alleged violations of the hazardous wastes management regulations. See Consent Order No. 23-XXX-CHW. The CO provides that Clean…
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94th Arkansas General Assembly/Sales/Use Tax Exemption: Legislation Introduced to Include Water Used in Swine Farming
February 7, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
House Bill 1190 (HB 1190) has been introduced by Representative Beck to amend Ark. Code Ann. § 26-52-453 which currently provides a sales/use tax exemption for water used for the commercial production of poultry. HB 1190 would amend Ark. Code Ann. § 2-52-453(a) to add the following: (2) "Swine…
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National Wetland Plant List: U.S. Army Corps of Engineers Public Notices 2023 Revisions
February 6, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Army Corps of Engineers (“Corps”) published a January 20th Federal Register Notice announcing the availability of the 2023 National Wetland Plant List (“NWPL”). See 88 Fed. Reg. 3729. The Corps developed the 2023 NWPL as part of an interagency effort with the United States…
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