The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more
In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....more
As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more
In 1994, under Executive Order 12898, environmental justice was recognized as a federal initiative administered by the U.S. Environmental Protection Agency (EPA). Since then, the environmental justice movement has expanded,...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Producers Rice Mill, Inc. (“Producers”) entered into a July 6th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7201 22. ...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more
The Virginia Department of Environmental Quality’s (DEQ’s) new Environmental Justice (EJ) Initiative announced October 16, 2020 is in motion and moving in parallel before the State Air Pollution Control Board (Air Board). The...more
The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment – Division of Air Quality issued a news release announcing a new assistance program (“Program”) for facilities subject to permitting for...more
In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more
The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Air Committee (“CASAC”) has memorialized its disagreement with the a key recommendation of an EPA staff draft policy assessment for a Clean Air...more
Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more
Oregon’s new air toxic program is set to go “live” in November 2018. After two plus years in development, Oregon’s new, and, in many ways, radical approach to air toxics control, known as Cleaner Air Oregon (CAO), is...more
The Arkansas Department of Environmental Quality (“ADEQ”) has scheduled a listening session for August 13th on a pre-proposal draft regulation which is described as streamlining Arkansas Air Quality Regulations. The...more