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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

Wisconsin Legislation Exempting Pyrolysis/Gasification from Solid Waste Management Facility Requirements: Assembly Bill 789

The State of Wisconsin legislative bodies (House and Senate) enacted Assembly Bill 789 (“Bill”) which is described as generally exempting pyrolysis and gasification facilities from certain laws relating to solid waste storage...more

Underground Storage Tanks/Facility Recordkeeping: Arkansas Department of Environmental Quality 2018 Canopy Article

The Arkansas Department of Environmental Quality (“ADEQ”) provided guidance on underground storage tank (“UST”) recordkeeping in the Arkansas Oil Marketers Association publication The Canopy (Issue 1, 2018)....more

Arkansas Advisory Committee on Petroleum Storage Tanks – March Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Diesel Additives & Filtration Issues: American Chemistry Council Petroleum Additives Panel Report (March 2018)

The American Chemistry Council’s (“ACC”) Petroleum Additives Panel’s Fuel Additives Task Group prepared a March 2018 report titled: Overview of Diesel Additives & Filtration Issues (“Report”) ...more

Oil and Natural Gas Sector/Clean Air Act New Source Performance Standards: U.S. Environmental Protection Agency Final Rule...

The United States Environmental Protection Agency (“EPA”) in a March 12 Federal Register notice promulgated a final rule which encompassed revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for the oil...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Elmira, New York/Newton, New Jersey Underground Storage Tank...

The United States Environmental Protection Agency (“EPA”) entered into an Expedited Settlement Agreement (“ESA”) with First Group America, Inc., d/b/a First Student, Inc. and First Transit, Inc. See Docket No....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

Soil Testing/Environmental Assessment Question: January 9th Commonground Forum Question

The blog Commonground addressed a question regarding sampling at a leaking petroleum underground storage tank site....more

Advisory Committee on Petroleum Storage Tanks – February Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Water Enforcement: Mississippi Commission on Environmental Quality and Biloxi, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality and Waring Oil Company, LLC (“Waring”) entered into a January 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to the release of...more

Leaking Underground Storage Tank Program: Petroleum Marketers Association of America Notes Administration's 2019 Funding Proposal

A Petroleum Marketers Association of America (“PMAA”) February 13th publication noted the White House’s proposal for funding the federal leaking underground storage tank program. The Arkansas Oil Marketers Association is a...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

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

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

Arkansas Energy Personnel Moves: Kelly Robbins Named Executive Director of Arkansas Petroleum Council

The American Petroleum Institute (“API”) recently announced that Kelly Robbins has been named Executive Director of the Arkansas Petroleum Council (“APC”). As noted in an October 31st post, long-time APC Executive Director...more

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Environmental Consultant Documents: Federal District Court Addresses Potential Application of Attorney-Client Privilege/Work...

The United States District Court (Western District of Oklahoma) addressed in a January 11th Order the potential application of the attorney-client privilege and work product doctrine to certain documents generated by...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

SPCC Enforcement: U.S. Environmental Protection Agency and Acton, Massachusetts Oil Storage/Distribution Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Bursaw Gas and Oil, Inc. (“BGO”) entered into a December 21st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil...more

Storage Tank/Licensing Enforcement: Arkansas Department of Environmental Quality and Strong, Arkansas Storage Tank Owner Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Dimum, Inc. dba Jade Foods (“DI”) entered into a January 20th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing Operations

My law firm colleague Nate Read and myself authored an article for the Arkansas Oil Marketers Association publication The Canopy titled: Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing...more

LNG Exports/PURPA Modernization: January 19th U.S. House of Representatives Energy Subcommittee Hearing Scheduled

The United States House of Representatives Energy Subcommittee of the House Energy and Commerce Committee has scheduled a January 19th hearing entitled “Legislation Addressing LNG Exports and PURPA Modernization.”...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

Utility-Scale Capacity: U.S. Energy Information Report Estimates Nearly 50 Percent of 2017 Installation Utilized Renewable...

The United States Energy Information Administration (“EIA”) issued a January 10th report (“Report”) stating that “nearly half of utility-scale capacity installed in 2017 came from renewables.” The information originates...more

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