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Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service in Regard to Pyramid Pigtoe (An Arkansas Freshwater Mussel)
February 8, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Center for Biological Diversity (“CBD”) issued a February 7th news release stating that it has sent a Notice of Intent to Sue (“NOI”) the United States Fish and Wildlife Service (“Service”) for delaying listing under the Endangered Species Act (“ESA”) the Pyramid pigtoe. The Pyramid pigtoe is a…
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Fiscal Year 2023 Omnibus Funding: Association of Clean Water Administrators Updates Water Appropriation Chart
February 8, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Association of Clean Water Administrators (“ACWA”) has updated a chart it previously prepared that addresses: Funding Levels for Key Water Appropriations (“Chart’) The Chart addresses funding numbers from the fiscal year 2023 Omnibus package and is updated as of January 19th. The President…
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Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Murfreesboro Owner
February 8, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Tennessee Department of Environment and Conservation (“TDEC”) issued a January 12th proposed Order and Assessment (“Order”) to Rogers Petroleum, Inc. (“Rogers”). See Case No. FDA12-0011. The Order provides that Rogers is the registered owner of three underground storage tank (“UST”) systems in…
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Products Liability Series: Does a Plaintiff Have a Duty to Mitigate Damages Under Arkansas Law?
February 7, 2023 by Devin R. Bates, Benjamin D. Jackson
Category: Litigation
Does a plaintiff have a duty to mitigate damages under Arkansas law? Yes. An injured person must use ordinary care to seek out treatment and follow the advice of physicians. Any damages resulting from a failure to use such care cannot be recovered. AMI 2214. This applies to property or business…
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Alternative Test Methods/Clean Air Act: U.S. Environmental Protection Agency Identifies New Approvals
February 7, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) published in a January 19th Federal Register Notice an announcement regarding applicable alternative test methods that the federal agency recently approved under the Clean Air Act addressing: ASTM E2779–10—Standard Test Method for…
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