Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lepanto Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Lepanto, Arkansas (“Lepanto”) entered into a September 15th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge…
Fugitive Emissions/Clean Air Act: Federal Court Addresses Whether Mine Facility Should Have Obtained Title V Permit
A United States District Court (D. Colorado) (“Court”) addressed in a September 30th Order an issue arising in a Clean Air Act citizen suit related to a coal mine. See WildEarth Guardians, et al. v. Mountain Coal Company, and Arch Resources, 2021 WL 4477327. The issue addressed was whether a coal…
Lead/OSHA Enforcement: Proposed Penalty Assessment Addressing Tampa, Florida, Battery Recycling Facility/Smelter
The Occupational Safety and Health Administration (“OHSA”) issued a September 30th news release stating it was proposing to assess penalties against a Tampa, Florida, battery recycling facility and smelter. The proposed assessment addresses Envirofocus Technologies LLC, operating as Gopher Resource…
Extinct Species/Endangered Species Act: U.S. Fish and Wildlife Service Proposed Removal of 23 Species (Including Ivory-Billed Woodpecker)
The United States Fish and Wildlife Service (“Service”) published a proposed rule in the September 30th Federal Register proposing to remove 23 species from the Endangered Species Act (“ESA”) federal Lists of Endangered and Threatened Wildlife and Plants (“Lists”). See 86 Fed. Reg. 54298. The…
Voluntary Groundwater Pumping Program/U.S. Bureau of Reclamation: Federal Court Addresses National Environmental Policy Act Challenge
A United States District Court (“E.D. California”) (“Court”) addressed in a September 14th Order a National Environmental Policy Act (“NEPA”) challenge to a groundwater extraction project in the Sacramento River Valley. See AquAlliance, et al. v. The United States Bureau of Reclamation, et al…