Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental Quality Enter into Amended Consent Decree with Operators of Crossett, Arkansas, Paper/Chemical Products Facilities
The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into an Amendment to a previously executed Consent Decree with the…
Absolute Pollution Exclusion/Quarry Operations: Federal Appellate Court Addresses Coverage for Unplanned Discharge of Rock Fines
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a January 17th opinion a company’s umbrella insurance policy’s absolute pollution exclusion. See Eastern Concrete Materials, Inc., v. Ace American Insurance Company, 2020 WL 254822. The issue involved whether an…
Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Proposal Addressing Definition of "Take"
The United States Fish and Wildlife Service (“Service”) announced the proposal of a rule that would define a key issue regarding the scope of the Migratory Bird Treaty Act (“MBTA”). The proposed rule is focused on the MBTA terms “take” and “kill” and whether or not they extend to conduct resulting…
Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to Dismiss/Rescission of Fredericks/Fredericks Construction Company, Inc., Consent Administration Order
Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent Administrator Order (“CAO”) addressing the Trafalgar Stump Dump. The two…
Commerce Clause/401 Certification: Montana/Wyoming U.S. Supreme Court Bill of Complaint Alleging Washington State Discriminatory Denial
The Attorney Generals for the states of Montana and Wyoming (collectively “Montana”) filed on January 21st three pleadings challenging Washington State’s denial of port access to ship Montana and Wyoming coal to foreign markets. The pleadings filed included: Motion for Leave to File Bill of…