Three-Toed Sloth/Endangered Species Act: U.S. Fish and Wildlife Service Proposes Threatened Listing
The United States Fish and Wildlife Service (“Service”) has proposed to list the Three-Toed Sloth (“Sloth”) under the Endangered Species Act (“ESA”). See Docket No. FWS-HQ-ES-2023-0151. The Service has proposed to list the Sloth as threatened. Section 4 of the ESA in its implementing regulations in…
Waters of the United States/Clean Water Act: U.S. Army Corps of Engineers Memorandum Providing Post-Sackett Guidance
The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the Sackett Decision. The Memorandum directs the Corps in carrying out its Civil…
Applications for Special Permits Submitted in the Public Interest/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Issues Guidance
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published a Notice on March 12th intended to provide guidance on how it evaluates and determines whether a Special Permit can be considered consistent within the public interest. See PHMSA-2022-0127-0001. The Notice outlines…
Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Ozark Rock Crushing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and Stapp Quarries, LLC ("Stapp") entered into a February 28th Consent Administrative Order ("CAO") addressing an alleged violation of an air permit. See Lis No. 24-027. The CAO provides that Stapp owns and…
Solid Waste Management Facility/Limited Ban: New York Appellate Court Addresses Judicial Challenge to Town's Local Law
The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town of Carroll, et al., 2024 WL 1227620. The Local Law addressed solid waste…