Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Pre-Publication Notices Program Plan 15
The United States Environmental Protection Agency (“EPA”) issued a pre-Federal Register Notice referencing the availability of preliminary Effluent Guidelines Program Plan 15 (“Plan 15”). Section 304(m) of the Clean Water Act requires that EPA biennially publish a plan for a new and revised…
Climate Principles for Oil and Gas Mergers and Acquisitions: Environmental Defense Fund/Ceres Publishes Report
The Environmental Defense Fund and Ceres (collectively, “EDF”) have published a report titled: Tackling Transferred Emissions: Climate Principles for Oil and Gas Mergers and Acquisitions (“Report”) EDF describes the Report as the first-ever climate-related guidance for oil and gas companies…
Clean Fuels Funding Assistance Program: Arkansas Department of Energy & Environment - Division of Environmental Quality Announces Additional Available Funding
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) issued a January 6th news release stating that it will: . . . continue accepting applications for the Clean Fuels Funding Assistance Program (“Clean Fuels Program”) through March 15th. DEQ has previously…
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…