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…
Arkansas Conservation Districts: Arkansas Department of Agriculture Natural Resources Division Announces District Director Appointments/Reappointments
The Arkansas Department of Agriculture’s Natural Resources Commission (“NRC”) approved two conservation district director appointments and five reappointments. The appointments/reappointments were approved at the NRC September 28th meeting. Arkansas Conservation Districts are political subdivisions…
Leaded Aviation Gasoline/Clean Air Act: U.S. Environmental Protection Agency Proposes Endangerment Finding
The United States Environmental Protection Agency (“EPA”) is submitting for publication in the Federal Register a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of Section 231(a) of the Clean Air Act. See…
National Secondary Ambient Air Quality Standards/Clean Air Act: U.S. Environmental Protection Agency and Center for Biological Diversity Enter into Settlement Agreement Addressing NOx SOx, and Particulate Matter
The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a September 28th Settlement Agreement (“Settlement”) to resolve certain issues associated with Clean Air Act duties related to oxides of nitrogen (“NOx”), sulfur oxides (“SOx”), and…