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Dam Removal: Federal Appellate Court Addresses Whether Opponent Had Standing to Bring Taking Claim
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Catherine Norwood The Sixth Circuit Court of Appeals (“Court”) addressed in an April 11th opinion an issue arising out of the proposed removal of a dam. See Barber v. Charter Township of Springfield, Mich., 31 F.4th 382 (2022). The question involved whether an opponent of the dam removal…
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PFAS/PFOA: U.S. Environmental Protection Agency ("EPA") Announces Four Drinking Water Health Advisories
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) announced the release of health advisories for four perfluoroalkyl substances (“PFAS”) in a pre-publication notice. See FRL 9855-01-OW. Included are interim updated lifetime drinking water health advisories for perfluorooctanoic acid…
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Non-Compete Agreements: Must an Employer Pay an Employee for a Non-Compete to Be Enforceable?
Category: Employment, Litigation
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient consideration. Ark. Code Ann. § 4-75-101 (g). For non-competes signed on or before…
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Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order: Polk County Fueling Station
Category: Arkansas Environmental, Energy, and Water Law
Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) Chief Administrator Julie Linck executed an Emergency Order (“EO”) dated June 14th to Mena Short Stop, LLC (“Mena Short Stop”). See LIS 22-068. Mena Short Stop is described as a fueling station and convenience…
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Gulf Hypoxia Program: U.S. Environmental Protection Agency Issues Guidance for State Cooperative Agreements
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) issued a June 9th memorandum titled: Bipartisan Infrastructure Law: Gulf Hypoxia Program FY 22 Guidance for State Cooperative Agreements (“Guidance”) The Guidance was transmitted from Radhika Fox, EPA Assistant Administrator for Water to…
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