Stormwater Enforcement: Alabama Department of Environmental Management and Operator Constructing Fairhope Commercial Development Enter into Special Order by Consent
The Alabama Department of Environmental Management (“ADEM”) and RW Battles, LLC, (“RW”) entered into an October 12th Special Order by Consent (“Order”) addressing an alleged violation of the Alabama regulations implementing the Clean Water Act Stormwater Program. RW is stated to be constructing a…
Petroleum Aboveground Storage Tanks/Responsibility for Regulatory Compliance: Administrative Challenge Filed to Pennsylvania Department of Environmental Protection Administrative Order
A question that occasionally arises with petroleum underground storage tanks (“USTs”) and aboveground storage tanks (“ASTs”) is the various parties that may be responsible for complying with the relevant federal and state regulatory requirements. In the case of USTs the relevant terms “owner” and…
Arkansas Division of Environmental Quality/Office of Water Quality Update: Stacie Wassell (Deputy Associate Director) Arkansas Environmental Federation Convention Presentation
Ms. Stacie Wassell undertook a presentation on October 6th at the Arkansas Environmental Federation Convention titled: Office of Water Quality Update (“Presentation”) Ms. Wassell serves as the Deputy Associate Director of the Arkansas Department of Energy & Environment – Division of Environmental…
Trust Fund Eligibility Calculation/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Camden Underground Storage Tank Owner
The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 13th Proposed Order and Assessment (“Order’) to Kentucky Lake Oil Company (“Kentucky Lake”). See Case No. FDA22-0015. The Order provides that Kentucky Lake is the registered owner of four underground storage tank…
Products Liability Series: Should a Trial Be Bifurcated When Plaintiff Seeks Punitive Damages?
Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to Reporter’s Notes, 2015 Amendment). Procedure. The jury first determines the…