Between the Lines Blog
Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Ashland Facility
December 9, 2025
The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 5th Order and Assessment (“Order”) to Brockton USA, LLC (“BU”) addressing alleged violations of the Tennessee Underground Storage Tank (“UST”) regulations. See Case No. UST25-0111. The Order provides that BU is a…
Federal Government Poised to Amend Definition of Short-Term, Limited-Duration Insurance … (Again)
On August 7, 2025, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively “the Departments”) released a statement that they intend to undertake notice-and-comment rulemaking to reconsider the 2024 amendments to the federal regulatory definition of short-term…
The Future of FOIA is Here: New Requirements under Acts 505 and 922 of 2025
The Arkansas Freedom of Information Act (FOIA) has long been a cornerstone of transparency, ensuring that the public has access to government records and meetings. Acts 505 and 922 of 2025, which took effect on August 5, 2025, significantly amend FOIA to modernize public meeting rules, clarify…
National Association of Insurance Commissioners (NAIC) Summer 2025 Meeting Summary
The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) Summer 2025 National Meeting which was held in Minneapolis, MN. We have prepared a summary of the open sessions conducted over the course of the meeting…
What Agricultural Landowners Need to Know Now About Leases to Minimize Future Risk
June 20, 2025
by John P. Talbot
According to the USDA – Economic Research Service, there are approximately 911 million acres of farmland in the lower 48 states, with roughly 60% of this farmland owner-operated and 40% of it leased. For tillable cropland acres specifically, the percentage of rented ground is higher, approximately…
Arkansas Environmental, Energy, and Water Law Blog
Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Frac Tanks
December 18, 2025
by Walter G. Wright, Jr.
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 8th Interpretive Letter the application of the Hazardous Materials Regulations (“HMR”) to bulk containers commonly known as “frac tanks.” PHMSA was responding to a June 23rd query from the…
Surface Water Flow/Adjacent Property Owner: Drew County, Arkansas Circuit Court Action Filed Alleging Nuisance/Trespass/Negligence
December 18, 2025
by Walter G. Wright, Jr.
BKB, LLC (“BKB”) filed on December 15th a Complaint for Damages and Injunctive Relief (“Complaint”) against JMG Investments, Inc. (“JMG”) alleging certain causes of action related to movement of surface water between the adjacent properties. See Case No. Cv-25-292. The adjacent properties are…
Water Quality Criteria/Ammonia: Missouri Department of Natural Resources Schedules Open Houses to Discuss Variance
December 18, 2025
by Walter G. Wright, Jr.
The Missouri Department of Natural Resources (“MDNR”) has scheduled a number of open houses to: … to assist communities with domestic wastewater treatment lagoons pre-file for discharger-specific variances from proposed ammonia criteria. MDNR staff is stated to be available at the events to help…
Bottleneck to Breakthrough/Permitting Blueprint to Build: National Petroleum Council Report
December 17, 2025
by Walter G. Wright, Jr.
The National Petroleum Council’s (“NPC”) Committee on Oil and Natural Gas Infrastructure Permitting issued a December 3rd draft report titled: Bottleneck to Breakthrough: A Permitting Blueprint to Build (“Report”). NPC describes the Report as providing: … practical solutions to modernize…
Renewable Energy/Secretary of Interior Elevated Review Memorandum: Bentonville & Russellville, Arkansas and 141 Other Solar Companies Letter to Senate/House Staff Expressing Concern
December 17, 2025
by Walter G. Wright, Jr.
143 solar companies transmitted a December 4th letter to the United States Senate and House of Representatives leadership addressing a July 15th Memorandum from the Secretary of Interior related to review of wind and solar energy projects. Two Arkansas companies, Good Faith Solar of Bentonville and…