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Rangeland Pesticides Program/Endangered Species Act: Xerces Society for Invertebrate Conservation Notice of Intent to Sue U.S. Department of Agriculture
June 9, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Xerces Society for Invertebrate Conservation and Center for Biological Diversity (collectively “Society”) sent a May 24th Endangered Species Act (“ESA”) citizen suit notice (“Notice”) to the Animal and Plant Health Inspection Service of the United States Department of Agriculture (“USDA”)…
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Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Proposed Rule Addressing Certification
June 8, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that it denominates the: Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Proposed Rule”) EPA characterizes the Proposed Rule as replacing and updating the…
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Lake Access: Michigan Appellate Court Addresses Scope of Servient Easement
June 8, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Catherine Norwood The Michigan Court of Appeals (“Court”) addressed in a February 1st opinion the scope of a prescriptive easement in a riparian context. See Astemborski v. Manetta, 2022 WL 301296 (Mich. Ct. App. Feb. 1, 2022). The question considered was whether dominant tenements had…
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Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Lake Village Enter into Consent Administrative Order
June 8, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas (“Lake Village”) entered into an April 26th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination…
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NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Technology Review and Standards of Performance for Bulk Gasoline Terminals
June 7, 2022 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals…
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