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Wind Energy/Wind Turbines: United States District Court Addresses Nuisance Claim
July 20, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
A United States District Court (W.D. New York) (“Court”) addressed in a July 14th decision and order (“Order”) an issue arising out of the operation of wind turbines. See Andre, et al. v. Invenergy LLC, 2022 WL 2759249. The wind turbines were the subject of a common law nuisance action. Invenergy…
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Asbestos/Criminal Enforcement: Wyoming Railroad Contractor/Chief Executive Officer Sentenced for Alleged Violations
July 20, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Wyoming United States Attorney’s Office issued a July 11th news release stating that John Eldon Rimmasch (“Rimmasch”) and Wasatch Railroad Contractors (“Wasatch”) were sentenced after being found guilty of allegedly knowingly exposing employees to asbestos and placing them in imminent danger of…
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104(b) Grant Program: Arkansas Water Resources Center Announces Timing of Selection Process for Research Projects
July 20, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Water Resources Center (“AWRC”) issued what it describes as a “Special Announcement” addressing: When Can We Expect the 104(b) Request for Pre-Proposals This Year? (“Announcement”) AWRC states that it is: . . . adjusting the timing of the selection process for 104(b) research…
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Hexavalent Chromium/RCRA: Federal Appellate Court Reconsiders Public Water System Liability
July 19, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Bryce Jefferson The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a July 1st Opinion addressed a prior September 29th decision discussing the potential liability of a public water system pursuant to the imminent and substantial endangerment provisions of the…
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Toxics Release Inventory/Community Right-to-Know: U.S. Environmental Protection Agency Adds Five PFAS
July 19, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) published a final rule in the Federal Register on July 18th adding five per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”). See 87 Fed. Reg. 42651. The action was required pursuant to the National Defense…
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