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Long Term Control Plans/EPA Combined Sewer Overflow Policy: National Association of Clean Water Agencies' Amicus Brief Supporting San Francisco Challenge
October 8, 2021 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The National Association of Clean Water Agencies (“NACWA”) and other members of the organization filed an amicus brief (“Brief”) in the United States Court of Appeals for the Ninth Circuit in relation to an issue arising out of implementation of the United States Environmental Protection Agency…
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Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary's Order/Civil Penalty Addressing South Fulton Facility
October 8, 2021 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Tennessee Air Pollution Control Board (“Board”) issued a September 13th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to ColorCoat, Inc. (“ColorCoat”). See Case No. APC21-0102. The Order provides that ColorCoat operates a facility in South Fulton, Tennessee…
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Hospital/404 Wetland Permit: U.S. District Court Addresses Challenge to U.S. Army Corps of Engineers Alternative Analysis/Public Interest Review
October 7, 2021 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
A United States District Court (N.D. Ohio) (“Court”) addressed in a September 9th Order an issue involving the Section 404 Clean Water Act wetland permitting program. See Friends Mahoning River v. U.S. Army Corps of Engineers, WL 4133763. The basis for the United States Corps of Engineers (“Corps”)…
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PFAS/Toxic Substances Control Act Reporting/Recordkeeping Requirements: Three Water/Wastewater Trade Associations Submit Joint Comments to U.S. Environmental Protection Agency
October 7, 2021 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Three water/wastewater trade associations submitted joint September 24th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed reporting and recordkeeping rule for per- and polyfluoroalkyl substances (“PFAS”) under Section 8(a)(7) of the Toxic Substances…
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Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville Aluminum Foil Rolling Mill Enter into Consent Administrative Order
October 7, 2021 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and JW Aluminum Company (“JW”) entered into a September 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 221-094. The CAO provides that JW owns and…
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