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…
Monumental SCOTUS Ruling Has Potential to Alter Legal and Regulatory Regimes in Eastern Oklahoma and Western Arkansas
Yesterday, the United States Supreme Court clouded the jurisdiction of the entire eastern half of Oklahoma in McGirt v. Oklahoma, including the state’s power to enforce laws within the City of Tulsa, by holding that certain Native American lands established by Congress would remain subject to…
Greenhouse Gas/Carbon-Sequestration Markets: Growing Climate Solutions Act of 2020
United States Senators Braun, Stabenow, Graham, and Whitehouse have introduced legislation titled: The Growing Climate Solutions Act of 2020 (“Act”) The Act has been described as a bipartisan effort to help develop viable greenhouse gas (“GHG”) and ecosystem markets. The Act establishes, through…