Inverse Condemnation/Municipal Drainage Pipe Approval: Arkansas Court of Appeals Addresses Taking Claim
February 27, 2023
by Walter G. Wright, Jr.
The Arkansas Court of Appeals (“Court of Appeals”) addressed in a February 15th Opinion issues arising out of an inverse condemnation claim. See City of Sherwood v. Clint Bearden, 2023 Ark. App. 67. The inverse condemnation claim involved the City of Sherwood, Arkansas’s, appeal of a drainage pipe…
RCRA No-Migration Variance/Temporary Placement of Treated Hazardous Waste Within a Permitted Subtitle C Landfill: U.S. Environmental Protection Agency Issues Guidance Policy
February 27, 2023
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA) published in the February 22nd Federal Register a notice that it is finalizing guidance involving petitions for a No-Migration Variance (“NMV”) under the Land Disposal Restrictions (“LDRs”) pursuant to the Resource Conservation and Recovery…
Air Enforcement: Proposed Technical Secretary's Order/Civil Penalty Addressing Athens Landfill
February 27, 2023
by Walter G. Wright, Jr.
The Tennessee Air Pollution Control Board (“Board”) issued a February 15th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Environmental Trust Company d/b/a Meadow Branch Landfill (“ETC”) addressing alleged violations of an air permit. See The proposed Order addresses an…
Farm Bill Policy Priorities/ Food and Agriculture Climate Alliance: Recommendations to the 118th Congress
February 24, 2023
by Walter G. Wright, Jr.
The Food and Agriculture Climate Alliance (“FACA”) released a report titled: Farm Bill Policy Priorities: Recommendations to the 118th Congress (“Recommendations”) FACA describes itself as consisting of: . . . organizations representing farmers, ranchers, forest owners, agribusinesses…
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Contiguous Facility Boundary Issue
February 24, 2023
by Walter G. Wright, Jr.
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 22, 2022, interpretive letter clarification of Hazardous Materials Regulations (“HMR”) as to what constitutes a “contiguous facility boundary.” See Reference No. 22-0064. PHMSA was responding to a June 18…