Products Liability Series: Is the Violation of a Statute Negligence Per Se?
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 17, 400 S.W.3d 701, 712 (2012); Shannon v…
2022 NPDES General Permit for Construction Stormwater Discharges: U.S. Environmental Protection Agency Proposed Federal Renewal
The United States Environmental Protection Agency (“EPA”) proposed a 2022 Clean Water Act National Pollution Discharge Elimination System General Permit (“CGP”) for construction stormwater discharges in the May 12th Federal Register. See 86 Fed. Reg. 26023. The CGP is a general permit (as opposed…
Arkansas State Plant Board/2021 Dicamba Rule: Challenge Filed in Pulaski County Circuit Court
A Complaint for Declaratory Judgment and Permanent Injunctive Relief (“Complaint”) was filed on May 11th in the Circuit Court of Pulaski County, Arkansas, against the Arkansas State Plant Board (“Plant Board”) challenging a rule that had been promulgated addressing the use of pesticides containing…
Wastewater Enforcement: Alabama Department of Environmental Management and Madison County Inorganic Chemical Plant Operator Enter into Consent Order
The Alabama Department of Environmental Management (“ADEM”) and ISP Chemicals, LLC, (“ISP”) entered into an April 18th Consent Order (“CO”) addressing alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. The CAO provides that ISP operates an…
Emergency Order of the Arkansas Department of Energy and Environment - Division of Environmental Quality Director: Fort Smith Used Oil Processing Facility
Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) Director Becky Keogh issued on May 6th an Emergency Order (“EO”) to Ashish Sanon and Fort Smith Petro Environmental, LLC (“Fort Smith Petro”). Fort Smith Petro is stated to operate a used oil processing…