Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act
November 30, 2022
by Walter G. Wright, Jr.
The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an alleged 2018 discharge of oil and brine water into a creek near an oil tank…
Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hampton Mining Facility Enter into Consent Administrative Order
November 30, 2022
by Walter G. Wright, Jr.
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas Gravel Co., Inc. (“AGCI”) entered into a November 3rd Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act National Pollutant Discharge Elimination System…
Should You Enforce a Non-compete Agreement Through Arbitration or Litigation? An Examination of the Not-So-Obvious Answer to This Recurring Question
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is not so clear. This blog post explores the pros and cons of enforcing…
Products Liability Series: Does Arkansas Recognize a "Malfunction Theory" of Liability?
Does Arkansas recognize a “malfunction theory” of liability? A recent federal case has created law suggesting that Arkansas recognizes a so-called “malfunction theory” of liability in products liability actions. As further identified in a previous post, the mere fact of an accident does not…
Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Lowe's Home Centers, LLC, Enter into Consent Agreement Addressing 243 Stores (Including 21 Arkansas Facilities)
November 29, 2022
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (Region 6) (“EPA”) and Lowe’s Home Centers, LLC, (“Lowe’s”) entered into a November 17th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Resource Conservation and Recovery Act (“RCRA”) regulations. See Docket No…