Criminal Enforcement/Clean Air Act: Former President of Wyoming Disposal Well/Oil Reclamation Facility Sentenced for Alleged Violation of General Duty Clause/Knowing Endangerment
The United States Attorney’s Office (District of Montana) issued a July 10th news release stating that the former President of Custom Carbon Processing, Inc., was sentenced to 18 months in prison after being found guilty of three counts in an indictment which included: Conspiracy Clean Air Act –…
I-30 Widening-Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Motion Filed for Preliminary/Permanent Injunction
Several individuals and community/neighborhood organizations filed a July 10th Plaintiff’s Motion for Preliminary and Permanent Injunction (“Motion”) in the United States District Court for the Eastern District of Arkansas seeking a prohibition on commencement of: . . . any construction on any…
Transactional Issues/Remediation: Pennsylvania Court Addresses Whether Imposition of Environmental Covenant Constitutes Material Breach
Co-Author: Harper Hudson The Superior Court of Pennsylvania (“Court”) addressed in a June 30th Opinion issues arising out of the sale and financing of a service station (“Property”). See Schluth v. Krishavtar, Inc., No. 2013 EDA 2019, 2020 WL 3542236, at *1 (Pa. Super. Ct. June 30, 2020). The…
Landfill/Solid Waste Enforcement: Alabama Department of Environmental Management and Operator of Axis Industrial Landfill Enter into Consent Order
The Alabama Department of Environmental Management (“ADEM”) and EcoSouth Services of Mobile, LLC (“EcoSouth Services”) entered into a Consent Order (“CO”) addressing alleged violations of a solid waste permit. See Consent Order 20-XXX-CSW. The CO provides that EcoSouth Services operates an…
Provisional COVID-19 Enforcement Guidance: Arkansas Department of Energy and Environmental Quality Notes Continuance/Extension
Secretary Becky Keogh of the Arkansas Department of Energy and Environment noted in a July 2nd memorandum that the Division of Environmental Quality’s (“DEQ”) Provisional COVID-19 Enforcement Guidance (“Arkansas Guidance”) remains in place. The reasons for the issuance of this memorandum was the…