ASTM E1527-21/All Appropriate Inquiries: U.S. Environmental Protection Agency Withdraws Direct Final Rule
The United States Environmental Protection Agency (“EPA”) has withdrawn a direct final rule amending 40 CFR Section 312.1 which would revise the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) All Appropriate Inquiries (“AAI”) rule. The proposed and direct final rule…
TPDES Permit/Coal Mine: Texas Supreme Court Addresses Whether Contractor is an Operator
Co-Author: Evan Nelson The Supreme Court of Texas (“Court”) addressed in a February 11th opinion what constitutes an operator for purposes of a wastewater permit. See Texas Commission on Environmental Quality v. Maverick County, 642 S.W.3d 537. The question was whether a subcontractor with…
Arkansas Environmental Federation Annual Land Seminar Scheduled for June 15th, Little Rock, Arkansas (REMINDER)
The Arkansas Environmental Federation (“AEF”) has scheduled its annual Land Seminar (“Seminar”) for June 15th. The Seminar will be held at the Four Points by Sheraton, Midtown, in Little Rock, Arkansas. It will be an in-person format this year. AEF Land Committee Co-Chairs include: Ben Reynolds…
Non-Compete Agreements: Does it Matter Whether the Employer or the Employee Terminates the Relationship?
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed? In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. For non-competes signed after July 21…
U.S. Environmental Protection Agency Land Disposal Restrictions Guidance: RCRA Permits/Waste Analysis Plans/Inspection Sampling
The United States Environmental Protection Agency (“EPA”) issued an April 2022 Resource Conservation Recovery Act (“RCRA”) Information Bulletin titled: Ensuring and Determining Compliance with Land Disposal Restrictions Through RCRA Permits, Waste Analysis Plans and Inspection Sampling Practices…