Wastewater Pond Closure/Insurance Coverage: Federal Appellate Court Addresses Claim Notice Issue
December 21, 2021
by Walter G. Wright, Jr.
The United States Court of Appeals for the Sixth Circuit (“Court”) addressed in a December 14th Opinion whether insurance coverage was properly denied because of the failure of the policyholder to notify the insurance company “as soon as practicable”. Coverage was sought for costs associated with…
Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Baxter County Facility Renovator Enter into Consent Administrative Order
December 21, 2021
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Rapp’s Barren Brewing Company, LLC (“Rapp’s”) entered into a November 12th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control & Ecology Commission…
Lessons from the Tax Court: Smaldino v. Commissioner
A recent Tax Court case, Smaldino v. Commissioner, T.C. Memo. 2021-127, provides important lessons on gifting. The Tax Court found that Louis Smaldino understated the size of his gift to a trust set up for his children because he never effectively transferred a portion of the assets to his wife…
Water Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pulaski County Waste Transportation Services Operator Enter into Consent Administrative Order
December 20, 2021
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and TAS Environmental Services, L.P. (“TAS”) entered into a November 18th Consent Administrative Order (“CAO”) addressing an alleged violation of Ark. Code Ann. § 8-4-217(a)(2). The CAO provides that TAS…
Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Bristol, Pennsylvania, Manufacturing Facility Enter into Consent Agreement
December 20, 2021
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and C-P Flexible Packaging (“C-P”) entered into a September 30th Consent Agreement (“CA”) addressing alleged violations of the Pennsylvania regulations addressing hazardous waste. See Docket No. RCRA-03-2021-0091. The CA provides that C-P…