Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate
The Arkansas Court of Appeals (“Court”) addressed in a March 18th Opinion a challenge to the application of Arkansas Code Annotated Section 20-7-136 (Act 197). See 2020 Ark. App. 180. Act 197 provides that: “[t]he company, corporation, municipality, county, government agency, or other entity that…
Waters of the United States/Clean Water Act: Environmental Organizations File Judicial Challenge to U.S. Environmental Protection Agency/Corps of Engineers Final Rule
The Conservation Law Foundation and other environmental organizations (collectively “CLF”) filed a Complaint in the United States District for the District of Massachusetts challenging the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “EPA”)…
Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Question Regarding Shipping Papers
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 31st letter the application of the Hazardous Materials Regulations (“HMR”) applicable to shipping papers. PHMSA was responding to a July 25, 2019, query from J. Lazarus Consulting and Training…
May the "Force" Majeure Be With You: Is COVID-19 a Force Majeure Event?
The COVID-19 pandemic has impacted all aspects of our daily interactions. And, its effect on many businesses’ ability to function cannot be overstated. It has been devastating. As you are well aware, the pandemic has also added a number of new words and phrases to our vocabulary—“social…
Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Danville, Illinois Site
The United States Environmental Agency (“EPA”) public noticed in the April 10th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 85 Fed. Reg. 20266. The PPA concerns the Danville Central Foundry Landfill Site (“Danville Site”) in Danville, Illinois. Because federal liability…