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Submerged Lands: Florida Appellate Court Addresses Whether Adjacent Riparian Landowner Rights Are Restricted
Category: Arkansas Environmental, Energy, and Water Law
The Florida Second District Court of Appeal (“Court”), in an Opinion published on February 26, 2021, addressed an issue involving the right of a riparian to build a structure over adjacent submerged lands under different ownership. See 5F, LLC v. Hawthorne, No. 2D19s-2574, 2021 WL 745361 (Fla…
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National Emphasis Program: Occupational Safety and Health Administration Addresses COVID-19
Category: Arkansas Environmental, Energy, and Water Law
The Occupational Safety and Health Administration (“OSHA”) issued a COVID-19 National Emphasis Program (“NEP”). See Directive No. DIR 2021-01 (CPL-03). The NEP was issued on March 12th and describes OSHA’s view of policies and procedures to ensure that employees in high-hazard industries or work…
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93rd Arkansas General Assembly/Regional Solid Waste Management Districts: Proposed Transfer of Oversight Responsibilities
Category: Arkansas Environmental, Energy, and Water Law
The 93rd Arkansas General Assembly convened for regular session on January 11th. Senate Bill 517 (“SB 517”) addresses various aspects of the oversight of Arkansas Regional Solid Waste Management Districts (“RSWMDs”). SB 517 was introduced by Senator Ballinger of Ozark. Act 870 of 1989, codified at…
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Major Source Determination/Clean Air Act: Federal Appellate Addresses Whether State Agency's Interpretation Entitled to Deference
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Brian Thomas The United States Court of Appeals, Eight Circuit (“Eight Circuit”) addressed in a November 22nd Opinion whether a lignite coal mine obtained the correct Clean air Act (“CAA”) permit. See Voigt v. Coyote Creek Mining Company, LLC, 329 F.Supp.3d 735. The Opinion was authored…
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Water Quality Standards Matrix/Northeastern States: NEIWPCC Report Comparing 30 Parameters
Category: Arkansas Environmental, Energy, and Water Law
The New England Interstate Water Pollution Control Commission (“NEIWPCC”) announced it has updated a water quality standards matrix addressing seven northeastern states. The water quality standard matrix compares how these states regulate 30 different water quality parameters. The states include: …
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