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National Priorities List/Superfund: D.C. Court of Appeals Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086...more

Solid and Hazardous Waste/Recycling Developments 2017-2018: Walter Wright (Mitchell Williams) Arkansas Environmental Federation...

I undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste/Recycling Developments: 2017-2018 (“Presentation”) ...more

Asbestos/Cement Pipe: April 25th U.S. Environmental Protection Agency Federal Register Notice Addressing Proposed Alternative Work...

The United States Environmental Protection Agency (“EPA”) in an April 25th Federal Register notice requests comment on an Alternative Work Practice (“AWP”) to: . . . use new technology and work practices developed for...more

Brownfields: U.S. Environmental Protection Agency Awards East Arkansas Planning and Development District $300,000 for Assessments

The United States Environmental Protection Agency (“EPA”) announced in an April 25th news release that it had awarded $300,000 to the East Arkansas Planning and Development District(“East District”). The East District is...more

Proposed Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Muncie,...

The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

Implementation and Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule: March 28th Office of Inspector...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 28th notification that it is beginning preliminary research to evaluate the federal agency’s implementation and...more

Resource Conservation and Recovery Act Citizen Suit: Federal Court (Oklahoma) Addresses Standing Issue

A United States District Court (Northern District Oklahoma) addressed in a March 21st opinion procedural issues associated with a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Krause v. General...more

Long-Term Lead and Copper Rule Federalism Consultation: Association of State Drinking Water Administrator's Comments

The Association of State Drinking Water Administrator’s (“ASDWA”) submitted March 8th comments to the United States Environmental Protection Agency (“EPA”) on the Lead and Copper in Drinking Water Rule (“LCR”). The EPA is...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

Polyurethane Processing: American Chemistry Guidelines for Management and Disposal of Hazardous Wastes

The American Chemistry Council (“ACC”) issued a guidance document titled: Guidelines for Management and Disposal of Hazardous Wastes from Polyurethane Processing (“Guidelines”) ...more

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Release Reporting/ CERCLA Enforcement: U.S. Environmental Protection and Tennessee Valley Authority Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Tennessee Valley Authority (“TVA”) entered into a January 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violation of Section 103(a) of the...more

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Related to Greene County, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 12th Director’s Order and Assessment (“Order”) to North Greene Utility District, Incorporated (“NGUD”) regarding alleged violations related to...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

Arkansas Department of Environmental Quality – Implementing Environmental Policies and Regulations: Stuart Spencer (Associate...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director (Office of Air Quality) Stuart Spencer undertook a January 24th presentation to my University of Arkansas Law School Environmental Law class titled: ...more

Solid Waste Containing Technologically Enhanced Naturally Occurring Radioactive Material: December 2017 Association of State and...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2017 report titled: Waste Generation and Disposal: Awareness, Management, and Disposal Guidance for Solid Waste...more

Comprehensive Environmental Response, Compensation and Liability Act/Superfund Award: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

CERCLA/Superfund Sites Targeted for "Immediate/Intense Action": December 21st U.S. House of Representatives Committee on Energy...

The Chairman and two Subcommittee Chairmen from the United States House of Representatives Committee on Energy and Commerce (“Committee”) addressed a December 21st letter to Administrator Scott Pruitt of the United States...more

Salt Transloading Facility: Court Addresses Whether Local Ordinance is Preempted by Federal Statute

A United States District Court addressed in a December 7th opinion whether the Interstate Commerce Commission Termination Act (“Act”) preempted a Vermont town’s ordinance regulating a salt transloading facility. See Vermont...more

Mercury/OSHA Enforcement: Citations Issued to Plainville, Connecticut Contractor for Alleged Violations Related to Facility...

The Occupational Safety and Health Administration (“OSHA”) issued citations to a Plainville, Connecticut construction contractor for alleged violations related to the demolition of a mercury boiler. Manafort Brothers, Inc....more

Ammonia/OSHA Enforcement: Penalties Proposed for Alleged Florida Electric Utility Violations

The Occupational Safety and Health Administration (“OSHA”) issued a November 17th news release stating it cited Tampa Electric Co. (“Tampa Electric”) for alleged violations at its Gibsonton, Florida facility related to a...more

The EHS Manager's Guide to the Pitfalls of HAZMAT Shipping: Cathy Webb (Harbor Environmental) Arkansas Environmental Federation...

Ms. Cathy Webb, MS, CQA, CQE undertook a presentation at the Arkansas Environmental Federation Convention and Tradeshow titled: The EHS Manager’s Guide to: The Pitfalls of HAZMAT Shipping (“Presentation”) ...more

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