Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Wrightsville Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Wrightsville, Arkansas, (“Wrightsville”) entered into an October 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge…
Landfill/Real Estate Repurchase Option: Kansas Appellate Court Addresses Whether Contract and/or Applicable Law Impose Closure Obligation
The Court of Appeals of Kansas (“Appellate Court”) addressed in an October 21st Opinion a question arising out of a contract that provided the right to repurchase the real estate on which the landfill occupies. See South Mulberry Properties, L.L.C., v. GT Management, L.L.C., 2022 WL 12127266. The…
Clean School Bus Program: U.S. Environmental Protection Agency Announces $4,255,000 in Funding for Selected Arkansas School Districts
The United States Environmental Protection Agency (“EPA”) issued an October 26th news release announcing Arkansas School Districts that have been selected for a total of $4,255,000 that will be used to purchase electric and low-emission school buses. An October 26th EPA news release from its…
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…