Wetlands/Clean Water Act Enforcement: Federal Court Addresses Pleading Issue Associated with the Term "Waters of the United States"
September 4, 2024
by Walter G. Wright, Jr.
A United States District Court (Idaho) (“Court”) in an August 29th Memorandum Decision and Order (“Order”) addressed an issue arising out of a federal government Clean Water Act enforcement action. See U.S. v. Ace Black Ranches, LLP, WL 4008545. The issue addressed was whether the United States…
Dirt Mine/Zoning Enforcement: Arkansas Circuit Court of Washington County Complaint Filed Alleging Non-Conforming Use
September 4, 2024
by Walter G. Wright, Jr.
Washington County, Arkansas filed a Complaint in the Circuit Court of Washington County on August 30th addressing an alleged zoning violation. See 72CV-24-3042. The Complaint was filed against the following alleging that a dirt mine is operating in violation of Washington County zoning laws: …
Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon Manufacturing Plant Enter into Agreed Order
September 4, 2024
by Walter G. Wright, Jr.
The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24. The AO provides that MS operates a silicone manufacturing facility (“Facility”) in…
Environmental Criminal Enforcement: Federal Appellate Court Addresses Brady Motion to Challenging Clean Water Act Conviction
September 3, 2024
by Walter G. Wright, Jr.
The United Stated Court of Appeals for the 9th Circuit (“9th Circuit”) in an August 28th Memorandum addressed a post-trial Motion subject to a Clean Water Act criminal enforcement trial. See U.S. v. Louie Sanft, 2024 W.L. 3963840. The 9th Circuit addressed whether the United States’ alleged…
North Carolina National Pollutant Discharge Elimination System Permit Program: Southern Environmental Law Center Request that U.S. EPA Withdraw Approval
September 3, 2024
by Walter G. Wright, Jr.
The Southern Environmental Law Center (“SELC”) filed the following before the Administrator of the United States Environmental Protection Agency (“EPA”): Petition to Withdraw North Carolina’s National Pollutant Discharge Elimination System Permit Program (“NC Program”). SELC filed the Petition…