Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Chattanooga Facility
The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Mapco Express, Inc. (“Mapco”) addressing a Chattanooga, Tennessee, facility (“Facility”) utilizing underground storage tanks (“USTs”). See Case No. FDA23-0009. The…
Cigarette Filter Waste/Cigarette Manufacturers: Baltimore, Maryland, Files Judicial Action Seeking to Recover Alleged Cleanup Costs/Damage to Natural Resources
November 30, 2022
by Walter G. Wright, Jr.
The City of Baltimore, Maryland, filed a November 21st Complaint in the Circuit Court for Baltimore City against five cigarette manufacturers and a distributor in regard to alleged losses/costs associated with tobacco product litter. The Complaint has been filed against: Philip Morris USA, Inc…
Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act
November 30, 2022
by Walter G. Wright, Jr.
The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an alleged 2018 discharge of oil and brine water into a creek near an oil tank…
Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hampton Mining Facility Enter into Consent Administrative Order
November 30, 2022
by Walter G. Wright, Jr.
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas Gravel Co., Inc. (“AGCI”) entered into a November 3rd Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act National Pollutant Discharge Elimination System…
Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is not so clear. This blog post explores the pros and cons of enforcing…