CERCLA/Superfund: U.S. Supreme Court Addresses State Court Jurisdiction/Restoration Plan Issues
The United States Supreme Court (“SCT”) addressed in an April 20th Opinion two issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA or Superfund”) that include: Whether the federal statute excludes state court’s jurisdiction over a landowner’s…
Coronavirus ("COVID-19)/U.S. Environmental Protection Agency Temporary Policy Addressing Enforcement Discretion: Environmental Organizations File Judicial Challenge
A number of environmental organizations filed an April 16th lawsuit in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) Temporary Policy Regarding Enforcement Discretion/Compliance Assurance. See Case No…
Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nevada County Transfer Station Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See…
COVID-19 Update: Governor Issues Liability Protections for Healthcare Workers
On April 14, 2020, Governor Asa Hutchinson issued Executive Order 20-18. Among other things, this EO provided immunity for healthcare workers from liability in order to equip these professionals with the tools necessary to combat the COVID-19 emergency. The Governor specifically ordered as follows…
Solar Array/Local Government: Federal Court Addresses Alleged Rights Violation Due to Construction
Co-Author: Luke Vance The United States District Court of Oregon (“Court”) addressed in an April 14th Opinion an action alleging violation of rights stemming from construction of a solar energy array. See Kristine Yates v. U.S. Envtl. Prot. Agency, 2020 WL 1867384 (D. Or. Apr. 14, 2020). The action…