News & Analysis as of

Department of Environmental Quality Environmental Protection Agency (EPA) Pollution Control

Mitchell, Williams, Selig, Gates & Woodyard,...

2022 Triennial Review/Arkansas Water Quality Standards: U.S. Environmental Protection Agency March 27th Letter Approving 2022...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) sent a March 27th letter to Stacie Wassell, Associate Director for the Office of Water Quality at the Arkansas Department of Energy and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Construction Permit(s)/An Overview: Jordan Wimpy (Mitchell Williams) Arkansas Bar Association Mid-Year Presentation

My colleague, Jordan Wimpy, undertook a presentation at the Arkansas Bar association Mid-Year Conference titled: Stormwater Construction Permit(s): An Overview (“Presentation”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly House Bill Proposing Amendments to Petroleum Storage Tank Trust Fund

House Bill 1277 has been filed which proposes two revisions to the Arkansas Petroleum Storage Tank Trust Fund. The Bill is sponsored by Representative Zack Gramlich of Fort Smith and Senator Justin Boyd of Fort Smith....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Enforcement and Compliance Assurance Annual Results for Fiscal Year 2024: U.S. Environmental Protection Agency Issue Report

The United States Environmental Protection Agency (“EPA”) issued on December 5th a press release publishing a report titled: Enforcement and Compliance Annual Results for Fiscal Year 2024 (“Report”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement/Self-Disclosure: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hoover Treated Wood Products, Inc. (“Hoover”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Administration of the National Pollutant Discharge Elimination System (Rule No. 6): Arkansas Pollution Control and...

The Arkansas Pollution Control and Ecology Commission (“Commission”) has adopted the following: Petition to Initiate Rulemaking to Approve Amendments to Regulation 6: Regulations for State Administration of the National...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Climate Pollution Reduction Grant Program/Priority Climate Action Plans: U.S. Environmental Protection Agency Completes Public...

The United States Environmental Protection Agency (“EPA”) has undertaken the release of 45 state and 80 municipal priority climate action plans (“Plans”). The Plans were undertaken pursuant to the Inflation Reduction...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County, Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Request for Adjudicatory Hearing and Arkansas Pollution...

Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas Department of Energy & Environment – Division...more

King & Spalding

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

King & Spalding on

President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more

Foley Hoag LLP - Environmental Law

It’s More Important for EPA to Ensure that States Are Good Neighbors Than That They are Perfect Neighbors

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Title VI Civil Rights Act/Environmental Justice: U.S. Environmental Protection Agency October 12th Letter of Concern to Louisiana...

The United States Environmental Protection Agency Office of Environmental Justice and External Civil Rights (“EPA”) sent an October 12th Letter of Concern (“LOC”) to the following Louisiana state agencies: Louisiana...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: Arkansas Department of Energy & Environment - Division of Environmental Quality Comments on U.S....

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted on June 21st comprehensive comments on the United States Environmental Protection Agency (“EPA”) proposed rule: ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality Seeks Judicial...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Management/Rule No. 23: Arkansas Department of Energy & Environment - Division of Environmental Quality Addresses...

Ms. Penny M. Wilson, CPM, authored a March 25th memorandum submitted to the Arkansas Department to the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) Hazardous Waste Generator email...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2023 Triennial Review/Arkansas Water Quality Standards: Arkansas Department of Energy & Environment - Division of Environmental...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) announced it is initiating its 2023 Triennial Review of Arkansas’s Water Quality Standards (“WQS”). The WQS are found in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy and Environment- Department of Environmental Quality State of the Air: 2019 Report Issued

The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment (“ADEE”), Division of Environmental Quality (“DEQ”) released its annual State of the Air Report (“Report”) on February 29th. Prior to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Thin Green Line: December 2019 Environmental Integrity Project Report Addresses State Pollution Control Agencies' Funding

The Environmental Integrity Project (“EIP”) published a December 5, 2019, report titled: The Thin Green Line: Cuts in State Pollution Control Agencies Threaten Public Health (“Report”) - ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Environmental Quality Overview/Air Quality Update: Stuart Spencer (Associate Director Office of Air...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

The e-Manifest System: Penny J. Wilson (Arkansas Department of Environmental Quality) Arkansas Environmental Federation Convention...

Ms. Penny J. Wilson undertook a presentation at the Arkansas Environmental Federation Convention titled: The e-Manifest System (“Presentation”) - Ms. Wilson serves as Compliance Branch Manager in the Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

White County, Arkansas Facility: Arkansas Department of Environmental Quality and Kohler Co. Enter into Elective Site Clean-Up...

The Arkansas Department of Environmental Quality (“ADEQ”) and Kohler Co. (“Kohler”) entered into an October 23rd Elective Site Clean-Up Agreement (“ESCA”). See LIS 17-096. The ESCA addresses a facility located in Searcy,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

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