Arkansas Pollution Control and Ecology Commission Meeting – Friday, December 2nd
November 28, 2022
by Walter G. Wright, Jr.
The Arkansas Pollution Control and Ecology Commission (“Commission”) is the environmental policy-making body for Arkansas. The Commission, with certain exceptions, meets on a monthly basis. The Commission will meet Friday, December 2nd, at 10 a.m. in the Commission Room located at the Arkansas…
Air Enforcement: Mississippi Commission on Environmental Quality and Blue Mountain Mining Facility Enter into Agreed Order
November 28, 2022
by Walter G. Wright, Jr.
The Mississippi Commission on Environmental Quality (“MCEQ”) and Blue Mountain Production Company (“Blue Mountain”) entered into an October 24th Agreed Order (“AO”) addressing alleged violation of a Clean Air Act Title V Operating Permit (“Permit”). See Order 7221 22. Blue Mountain operates a…
Coal Combustion Residue/Citizen Suit Enforcement: Mobile Baykeeper, Inc.: U.S. District Court Complaint Filed Addressing Alabama Power Company Electric Generating Plant Impoundment
November 23, 2022
by Walter G. Wright, Jr.
The Southern Environmental Law Center (“SELC”) on behalf of Mobile Baykeeper, Inc., filed a Complaint in the United States District Court (Southern District of Alabama) against Alabama Power Company (“APC”) addressing a coal combustion residue (“CCR”) impoundment at the James M. Barry Electric…
Alabama Department of Environmental Management and Perry County Landfill Enter into Consent Order
November 23, 2022
by Walter G. Wright, Jr.
The Alabama Department of Environmental Management (“ADEM”) and Perry County Associates, LLC (“PCA”) entered into a November 9th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code solid waste provisions. See CO No. 22-XXX-CSW. The CO provides that PCA operates a…
Products Liability Series: What Is Arkansas' Law on Causation for a Products Claim?
What is Arkansas’ law on causation for a products claim? The mere fact of an accident does not establish liability, nor does the fact that the product was found in a defective condition after an accident. Williams v. Smart Chevrolet Co., 292 Ark. 376, 730 S.W.2d 479 (1987) (automobile door). In…