The Alabama Department of Environmental Management (“ADEM”) and Acme Brick Company (“ABC”) entered into a July 28th Consent Order (“CO”) addressing alleged violations of an Air Permit. See Consent Order No. XXXXXXX....more
The United States Department of Labor's Occupational Safety and Health Administration (“OSHA”) announced on August 26th that it renewed its alliance with the National Waste & Recycling Association (“NWRA”) and the Solid Waste...more
A federal court in South Carolina addressed in an August 6th Opinion issues arising out of a putative class action filed by lakefront property owners alleging contamination due to the dissemination of motor and transformer...more
9/11/2025
/ Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Negligence ,
PCBs ,
Property Owners ,
Strict Liability ,
Toxic Chemicals ,
Trespass ,
Unjust Enrichment ,
Water Pollution
The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations....more
9/11/2025
/ Air Pollution ,
Clean Air Act ,
Construction Permits ,
Environmental Protection Agency (EPA) ,
Interpretive Letters ,
NAAQS ,
New Guidance ,
Permits ,
PSD ,
Rulemaking Process ,
Statutory Interpretation
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more
The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2025 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). The Agenda includes information addressing: EPA...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Harvest Rice, LLC (“Harvest Rice”) entered into a July 30th Consent Administrative Order (“CAO”) addressing an alleged...more
The United States Fish and Wildlife Service (“Service”) published a September 4th “Notification of Findings” in the Federal Register identifying five species it has determined are not warranted for listing as endangered or...more
The Mississippi Commission of Environmental Quality (“MCEQ”) and Nitrous Oxide Corporation (“NOC”) entered into an August 5th Agreed Order (“AO”) addressing alleged violations of the Mississippi Administrative Code concerning...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a news release announcing $86 million in grants to: …enhance states’ pipeline safety programs. PHMSA states that the grants will help its “state...more
The Idaho Department of Environmental Quality and Idaho State Department of Agriculture (collectively, “IDEQ”) entered into an August 15th Draft Consent Judgment (“CJ”) with J.R. Simplot Co. and Simplot Livestock Co....more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) had filed a complaint in 2022 for declaratory and injunctive relief (“Complaint”) in the United States District Court (Eastern...more
The United States Fish and Wildlife Service (“Service”) published a proposed rule in the August 29th Federal Register addressing a petition requesting the listing of the Southern Hognose Snake. See 90 Fed. Reg. 42151. The...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed a Petition challenging a HF Sinclair Tulsa Refining LLC -West Refinery (“Refinery”) Resource Conservation and Recovery...more
The Arkansas Department of Agriculture announced the next Water Well Construction Committee (“Committee”) will meet on September 10th. The Committee will meet at 9:30 A.M. at the Arkansas Department of Agriculture’s Natural...more
9/4/2025
/ Arkansas ,
Construction Industry ,
Department of Agriculture ,
Groundwater ,
Infrastructure ,
Permits ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government ,
Water ,
Water Management ,
Water Projects ,
Water Quality ,
Water Supplies
The Oregon Department of Environmental Quality (“ODEQ”) issued a July 17th Notice of Civil Penalty Assessment and Order (“Assessment”) to BBC Steel Corp. (“BBC”) alleging a violation of a Clean Water Act National Pollutant...more
Randy Thurman undertook a presentation at the August 20, 2025, Arkansas Solid Waste Association of North America (“SWANA”) Annual Meeting/Update in Conway, Arkansas titled: Solid Waste Legislative Update (“Update”). Randy is...more
9/4/2025
/ Environmental Policies ,
Government Agencies ,
New Legislation ,
Permits ,
Recycling ,
Regulatory Requirements ,
Solid Waste ,
State and Local Government ,
State Legislatures ,
Waste Management ,
Zoning Laws
The United States Environmental Protection Agency (“EPA”) issued an August 30th news release announcing a final action to impose no additional Clean Water Act wastewater discharge regulations on meat and poultry processing...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 7th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the transportation of...more
The U.S. Environmental Protection Agency (“EPA”) and Mercedes-Benz Vans, LLC, (“MBV”) entered into a June 16th Consent Agreement (“CA”) addressing alleged violations of the Hazardous Waste Regulations. See Docket No....more
The Environmental Council of the States (“ECOS”) issued an August 28 report titled:
GREEN REPORT – STATUS OF STATE ENVIRONMENTAL AGENCY BUDGETS – Fiscal Years 2020 to 2023 (“Report”). ...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on August 6th to the United States Environmental Protection Agency (“EPA”) a document titled:
ARKANSAS AMBIENT AIR...more
The Missouri Department of Natural Resources (“MDNR”) and Charleville, LLC (“Charleville”) entered into a July 14th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Safe Drinking Water Act...more
The American Biogas Council (“ABC”) released an analysis reviewing the growth in United States of landfill biogas facilities in terms of investment and energy production over the past five years. A state-by-state analysis is...more
The Center for Biological Diversity (“CBD”) sent a July 30th document to the United States Environmental Protection Agency (“EPA”) styled:
Notice of Intent to Sue for Violations of the Endangered Species Act with Respect...more