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New Source Review/U.S. Environmental Protection Agency Draft Guidance Addressing "Begin Actual Construction": National Association of Clean Air Agencies Comments
Category: Arkansas Environmental, Energy, and Water Law
The National Association of Clean Air Agencies (“NACAA”) submitted May 11th comments on draft March 25th guidance memorandum distributed by the United States Environmental Protection Agency (“EPA”). The draft guidance memorandum is titled: Interpretation of “Begin Actual Construction” Under the…
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Hazard Tree Abatement Project/National Environmental Policy Act: Federal Appellate Court Addresses Whether Environmental Impact Statement Should Have Been Prepared
Category: Arkansas Environmental, Energy, and Water Law
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a May 18th unpublished opinion whether two federal agencies should have prepared a National Environmental Policy Act (“NEPA”) Environmental Impact Statement (“EIS”). See Conservation Congress v. United States…
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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Faulkner County Mining Site Operator Enter into Consent Administrative Order
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and J’s Construction Company (“JCC”) entered into a May 18th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System…
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Energy Investment/Production Tax Credits - Safe Harbor: Internal Revenue Service Notice Provides Extension
Category: Arkansas Environmental, Energy, and Water Law
The Internal Revenue Service (“IRS”) issued on May 28th Notice 2020-41 titled: Beginning of Construction for Sections 45 and 48; Extension of Continuity Safe Harbor to Address Delays Related to COVID-19 (“Notice”) The Notice modifies prior IRS Notices addressing the beginning of construction…
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Arkansas Environmental Federation Land and Sustainability Webinar: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments/2019-2020
Category: Arkansas Environmental, Energy, and Water Law
I undertook a presentation for the Arkansas Environmental Federation Land and Sustainability Webinars on May 22nd titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2019-2020 (“Presentation”) The Presentation addressed a variety of federal and state decisions…
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