Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides Protection Under Both Statutes
The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red River Coal Company, Incorporated, No. 19-2194. The question addressed was…
U.S. Department of Agriculture Conservation Easements: Natural Resources Conservation Service Announces Total Enrollment of 5 Million Acres
The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued an April 2nd news release stating that it has: . . . partnered to protect more than 5 million acres of wetlands, grasslands, and prime farmland — an area the size of New Jersey. The protection is…
Solid Waste/Water Enforcement: Arkansas Department of Energy and Environment and Sites Owner Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and A & B Timber, Inc. (“A & B”) entered into a February 1st Consent Administrative Order (“CAO”) addressing alleged violations of certain Arkansas solid waste and water pollution provisions. See LIS No…
PURPA/Solar Qualifying Facilities: Federal Energy Regulatory Commission Petition Submitted Challenging Alabama Public Service Commission Rates
The Southern Environmental Law Center and Ragsdale, LLC (collectively, “SELC”) filed a March 31st Petition before the Federal Energy Regulatory Commission (“FERC”) styled: Petition for Enforcement Under the Public Utility Regulatory Policies Act of 1978 (“Petition”) The Petition states that SELC…
Wetland Mitigation Bank: U.S. Army Corps of Engineers (Little Rock District) Public Notices Proposed Arkansas Department of Transportation Moro Creek Mitigation Bank
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an April 5th public notice regarding the proposed Moro Creek Mitigation Bank (“Bank”). The public notice describes a prospectus for a Bank proposed by the Arkansas Department of Transportation (“ADOT”). Section 404 of…