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Draft Recovery Plan/Endangered Species Act: U.S. Fish and Wildlife Service Public Notice for Ozark Hellbender
Category: Arkansas Environmental, Energy, and Water Law
The United States Fish and Wildlife Service (“Service”) published a December 22nd Federal Register Notice announcing the availability for public review and comment of a draft recovery plan for the Ozark Hellbender. See 85 Fed. Reg. 83609. The Ozark hellbender is endemic to the White River drainage…
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Water Intrusion/Flooding: Property Owner Files Action Alleging Breach of Contract in Garland County, Arkansas, Circuit Court
Category: Arkansas Environmental, Energy, and Water Law
Steve Fletcher and Valerie Fletcher (collectively, “Fletcher”) filed a Complaint against Joel C. Walker, Individually and as the Trustee of the Joel C. Walker Trust and the Joel C. Walker Trust (collectively, “Walker”) in Garland County, Arkansas, Circuit Court in regards to the purchase of a…
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Environmental Site Assessment Plan/Civil Penalty: Indiana Appellate Court Addresses Whether Incarceration Pursuant to a Contempt Citation Can be Imposed Upon Auto Salvage Facility Owner
Category: Arkansas Environmental, Energy, and Water Law
The Court of Appeals of Indiana (“Court”) addressed in a December 29th Memorandum Decision (“Decision”) issues arising out of a lower court’s contempt citation which imposed incarceration on an individual for failure to pay a civil penalty and implement an environmental site assessment plan…
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Clean Water Act Section 404 Program: U.S. Environmental Protection Agency Approves Florida's Delegation Request
Category: Arkansas Environmental, Energy, and Water Law
On Tuesday, December 22, 2020, the United States Environmental Protection Agency (“EPA”) published a notice in the Federal Register that the State of Florida “has the necessary authority to operate a CWA Section 404 program in accordance with the requirements found in CWA section 404(g-1)” and…
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Trees/Associated Wood Products Within a County Right-of-Way: Arkansas Attorney General Opinion Addresses Ownership Issue
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Attorney General (“AG”) addressed in a December 2nd Opinion an issue regarding a Baxter County right-of-way. The question involved ownership of trees and related wood products within the Baxter County right-of-way. The December 2nd Opinion states that the Baxter County Road and Bridge…
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