Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or property if (1) the supplier is engaged in the business of manufacturing…
Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater Treatment System
A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its abutting wetlands. See Bang v. Lacamas Shores Homeowners Association, 2022…
Secchi Day Water Quality Results: Beaver Watershed Alliance Releases 2022 Sampling Report
The Beaver Watershed Alliance (“BWA”) released the 2022 sampling report (“Sampling Report”) generated by its 17th Annual Secchi Day Water Quality Event. BWA describes Secchi Day as an annual event taking place on Beaver Lake in Northwest Arkansas: . . . with the goal of collecting important water…
SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Chambers County, Texas, Marine Terminal Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and Cedar Marine Terminals, LP (“CMT”) entered into an October 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Clean Water Act Spill Prevention Control and Countermeasure (“SPCC”) and Federal Response Plan…
Practice Pointer: Orders Drafted by Opposing Counsel
Even the best litigator loses on a motion every now and then. When that happens in Arkansas state court, oftentimes the judge may file a verbatim order drafted by opposing counsel as the final order. Sometimes these orders have discrepancies between what the judge said at the conclusion of the…