Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Erie, Pennsylvania Chemical Manufacturing Facility Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and BASF Corporation (“BASF”) entered into a February 13th Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). See CERC-EPCRA-03-2020-0062. The CA…
Levee Safety Program/Draft Guidance: U.S. Army Corps of Engineers Public Notices Engineer Circular 1165-2-218
February 28, 2020
by Walter G. Wright, Jr.
The United States Army Corps of Engineers (“Corps”) published a February 25th Federal Register Notice that it has developed draft agency guidance entitled: Engineer Circular 1165-2-218 (“Guidance”) See 85 Fed. Reg. 10659. The Corps states that the purpose of the Guidance is to consolidate and…
Proposed St. James Parish, Louisiana Petrochemical Complex/Clean Air Act: Environmental Organizations' Petition for Judicial Review Challenging Air Permit
February 28, 2020
by Walter G. Wright, Jr.
The Sierra Club, Center for Biological Diversity, and other organizations (collectively “Sierra Club”) filed a February 14th Petition for Judicial Review (“Petition”) challenging a January 6th Louisiana Department of Environmental Quality (“LDEQ”) final decision granting Clean Air Act Prevention of…
U.S. Environmental Protection Agency Voluntary Lead Testing in Schools/Child Care: Arkansas Department of Education Awarded $420,000 Grant
February 28, 2020
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) announced in a February 20th news release that it was awarding $420,000 to the Arkansas Department of Education to assist with identifying sources of lead in drinking water in schools or child care facilities. The grant is funded through…
Products Liability Series: Does Arkansas Law Require an Expert Witness?
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.” Rule. The general rule of when an expert witness is required is that for plaintiff to meet their burden…