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The Koontz Decision: Limits Conditions a Government can Impose on Developers
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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Hounds’ Hideaway Rogers, LLC (“Hounds”) entered into an April 9th Consent Administrative Order (“CAO”) addressing an...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and East Side Jersey Dairy Inc. (“ESJD”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit...more
The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Hankins Lumber Company Inc. (“Hankins”) entered into an April 30th Agreed Order (“AO”) addressing an alleged violation of an Air Permit. See Order No. 7490 25....more
The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and W & W – Afco Steel LLC (“Afco”) entered into a May 8th Consent Administrative Order (“CAO”) addressing alleged violations of an...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into a May 12th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7491 25....more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more
The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more
The Missouri Department of Natural Resources (“MDNR”) and The Washington University (“WU”) entered into a May 2nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor-Yamato Steel Company (“Nucor”) entered into a March 24th Consent Administrative Order (“CAO”) addressing an alleged...more
Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more
In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more
I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more