Products Liability Series: Is There a Defense Where a Plaintiff Misused a Product?
Is there a defense where a plaintiff misused a product? Yes. Under Arkansas law, a defendant may assert that the plaintiff misused the product as part of its affirmative defense of comparative fault. AMI 1014. When invoking this defense, the defendant has the burden of proof to show that the misuse…
Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to U.S. Environmental Protection Agency/Corps of Engineers Final Rule
A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (Southern District of Texas – Galveston Division) challenging…
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Training Requirements
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a November 22, 2022, Interpretive Letter the application of the Hazardous Materials Regulations to hazardous materials training for a forklift operator contracted by an air carrier. See Reference No. 22-0066. PHMSA…
Section 404/U.S. Army Corps of Engineers (Vicksburg District): Union County, Arkansas, Sawmill Expansion Public Noticed
The United States Corps of Engineers (Vicksburg District) (“Corps”) issued a January 23rd Public Notice referencing a Clean Water Act Section 404 application for the placement of dredged and fill material in waters of the United States by Canfor Southern Pine Inc. (“Canfor”). See MVK-2022-324…
Identifying States that will Benefit Most from Updating Building Energy Codes: American Council for an Energy-Efficient Economy Policy Brief
The American Council for an Energy-Efficient Economy (“ACEEE”) issued a January 2023 policy brief titled: Identifying States That Will Benefit Most from Updated Building Energy Code (“Policy Brief”) The Policy Brief notes that $45 million in funding is being provided by the United States…