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U.S. EPA Environmental Appeals Board: Petition Filed Challenging Class III/Class V Underground Injection Permits for South Dakota...

The Oglala Sioux Tribe (“Petitioner”) filed a December 24th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) issuance of an underground injection control (“UIC”) Class...more

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Clarksville, Tennessee, Brake Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Akebono Brake Corporation (“ABC”) entered into a June 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7) of the Clean...more

Air Monitoring/Clean Air Act: U.S. Environmental Protection Agency Announces Grant to Support Arkansas Fine Particulate Matter...

The United States Environmental Protection Agency (“EPA”) issued a June 16th news release stating that it has awarded $1,137,068 to the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”)...more

Air Enforcement: U.S. Environmental Protection Agency and Almena, Wisconsin, Municipal Waste Combustion Facility Enter into...

The United States Environmental Protection Agency (‘EPA”) and Barron County Waste to Energy Facility (“BCWEF”) entered into a May 12th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean...more

Wastewater Enforcement: Tennessee Department of Environment & Conservation and Town of Oakland Enter into Consent Order

The Tennessee Department of Environment & Conservation (“TDEC”) and Town of Oakland, Tennessee (“Oakland”) entered into an April 13th Consent Order and Assessment (“COA”) addressing alleged violations of a Clean Water Act...more

Air Enforcement: Tennessee Air Pollution Control Board - Proposed Order/Penalty Assessment Related to Sevierville Blasting...

The Tennessee Air Pollution Control Board (“Board”) issued a May 19th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged violation of the Tennessee Air rules to QSG Holdings, LLC...more

Recyclable Materials Franchise Agreement/Reno, Nevada: Federal Appellate Court Addresses Antitrust Challenge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a May 18th unpublished opinion addressed a challenge to a Franchise Agreement between the City of Reno, Nevada, and a private company on antitrust...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

COVID-19/U.S. Environmental Protection Agency Temporary Policy Regarding Enforcement Discretion: Nine State Attorney Generals File...

Nine State Attorney Generals filed a May 13th Complaint in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) memorandum...more

Arkansas Department of Energy and Environment - Division of Environmental Quality/E-Waste Competitive Grants: Grant Awarded for...

The Arkansas Recycling Coalition (“ARC”) noted in its Spring/2020 Newsletter that Jacob Gould, Deputy Director of the West River Valley Solid Waste District (“West District”) received a grant for nearly $35,000 from the...more

5/14/2020  /  Arkansas , Environmental Policies

MS4/Los Alamos County, New Mexico: U.S. EPA Appeals Board Addresses Whether Stormwater Designation Constitutes a Final Permitting...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 22nd Order a Petition filed by Los Alamos County, New Mexico (“Los Alamos”). See NPDES Appeal No....more

Guidance for Premise Plumbing Water Service Restoration: Ohio Environmental Protection Agency March 2020 Guidance

The Division of Drinking and Ground Water of the Ohio Environmental Protection Agency issued a March 2020 document titled: Guidance for Premise Plumbing Water Service Restoration (“Guidance”)...more

Fluoridation/Public Water Authority: Arkansas Court of Appeals Addresses Applicability of Statutory Mandate

The Arkansas Court of Appeals (“Court”) addressed in a March 18th Opinion a challenge to the application of Arkansas Code Annotated Section 20-7-136 (Act 197). See 2020 Ark. App. 180. Act 197 provides that: “[t]he...more

Air Enforcement: Pennsylvania Department of Environmental Protection and Unconventional Natural Gas Well Operator Enter into...

The Pennsylvania Department of Environmental Protection (“PDEP”) and Range Resources-Appalachia, LLC (“Range”) entered into an April 9th Consent Assessment of Civil Penalty (“Consent Assessment”) addressing alleged violations...more

Coronavirus ("COVID-19)/U.S. Environmental Protection Agency Temporary Policy Addressing Enforcement Discretion: Environmental...

A number of environmental organizations filed an April 16th lawsuit in the United States District Court for the Southern District of New York challenging the United States Environmental Protection Agency’s (“EPA”) Temporary...more

Wind Wildlife Research Fund: Research Project Results Announced for Lesser Prairie-Chicken and Tree-Roosting Bat

The results of two studies conducted by the Wind Wildlife Research Fund (“Fund”) addressing interactions between wind energy and wildlife have been issued in the form of two reports. The reports address the lesser prairie...more

America's Most Endangered Rivers: Upper Mississippi River Named Number One on 2020 List

The organization American Rivers issued its list for 2020 of America’s Most Endangered Rivers. The Upper Mississippi River has been named number one on the list. ...more

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

COVID-19 Guidance: U.S. Environmental Protection Agency/Massachusetts Department of Environmental Protection Addressed Site...

Environmental agencies have begun considering the impact of COVID-19 on various investigation, site fieldwork and remediation activities. Current examples include guidance issued by the United States Environmental...more

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current Standard

The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more

PSD Guidance/Clean Air Act: Federal Appellate Court Addresses Whether Document Constitutes Final Agency Action

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and West Memphis Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Coronavirus (COVID-19): Mississippi Department of Environmental Quality Issues Environmental Enforcement Guidance

The Mississippi Department of Environmental Quality (“MDEQ”) issued an April 2nd Memorandum (“Memorandum”) addressing compliance with regulatory requirements during the coronavirus (“COVID-19”) pandemic. The Memorandum was...more

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

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