Transportation/Hazardous Materials Regulation: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Loading/Unloading Question
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) in a May 26th interpretive letter addressed the applicability of the Hazardous Materials Regulation (“HMR”) to loading/unloading a cargo tank motor vehicle (“CTMV”). PHMSA was responding to an October 16, 2019, email request from…
Does McGirt Cede Oklahoma Waters to Native American Tribes?
On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that (i) the defendant had allegedly committed the crime on land Congress had…
Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope
Co-Author: Mary Polk The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis, Illinois, caused property damage and bodily injury…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Desha County Animal Feed Mill Operator Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Schell & Kampeter, Inc. – Diamond Pet Foods (“S&K”) entered into a June 25th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 20-157. The CAO provides…
Marijuana Cultivation Energy and Environment Guidance: Massachusetts Cannabis Control Commission Announces Update Initiated
The Massachusetts Cannabis Control Commission (“MCCC”) is undertaking a process to update its Energy and Environment Compiled Guidance (“Guidance”) for various medical marijuana related facilities. MCCC states it is updating the energy and environment leadership criteria to align with its Guidance…