Citizen Suit/Clean Water Act: Federal Appellate Court Addresses Preclusion Issue
The United States Court of Appeals for the First Circuit (“Court”) addressed in an April 18th Opinion an issue involving the Clean Water Act citizen suit provision. See Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., et al., No. 19-2095. The issue involved the Section 1319(g)(6)(A)…
U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge
The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the National Environmental Policy Act (“NEPA”). The Complaint alleges that the…
Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Operator of North Little Rock Demolition Activity Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and American Structure Inc. (“ASI”) entered into a March 29th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Regulation 21 (Asbestos…
Court of Appeals Concludes Swimming Pool is Not an Attractive Nuisance
In addition, this article was co-authored by former Attorney Lindsey Vechik. In a case arising from tragic circumstances, the Arkansas Court of Appeals recently concluded that a residential swimming pool located near an elementary school was not an attractive nuisance, and affirmed summary judgment…
United States Underground Storage Tank Program: U.S. Environmental Protection Agency Announces the Successful Cleanup of Over 500,000 Releases
Mark Barolo, Acting Director of the United States Environmental Protection Agency (“EPA”) Office of Underground Storage Tanks authored an article in the March 2022 edition of the LUSTLine Bulletin titled: Congratulations to the National UST Program for Cleaning up Over 500,000 UST Releases…