Solar Power Facility: Massachusetts Appellate Court Addresses Applicability of Personal Property Tax Exemption
The Appeals Court of Massachusetts (“Court”) addressed in a September 21st Opinion whether a Massachusetts property tax exemption was applicable to a solar photovoltaic facility (i.e., “Solar Power Facility”). See PelleVerde Capital, LLC v. Board of Assessors of West Bridgewater, 101 Mass. App.Ct…
Underground Storage Tank Litigation: Property Owners File Polk County, Arkansas, Circuit Court Action Against Mena Retail Fuel Facility
A group of Polk County, Arkansas, property owners filed on October 17th a Complaint in the Circuit Court of Polk County, Arkansas, against Mena Short Stop, LLC (“Mena Short Stop”) alleging injury to personal and real property caused by one or more petroleum product releases from the retail motor…
Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter into Settlement
The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement Tracking No. SA-MM-22-0057. The Settlement provides that ACG owns and/or…
Products Liability Series: When Are Punitive Damages Awarded?
When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice.[1] Under this rule, punitive damages are appropriate only when the evidence shows something beyond negligence and gross…
Fugitive Emissions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing New Source Review Regulations
The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of existing industrial facilities classified as “major sources” include fugitive…