Citizen Suit Enforcement/Clean Air Act: NAACP Seeks Preliminary Injunction for Southaven Mississippi (Colossus 2) Data Center
The National Association for the Advancement of Colored People (“NAACP”) filed a May 6th Motion for a Preliminary Injunction (“Motion”) in the United States District for the Northern District of Mississippi against xAI Corp. and MZX Tech LLC (collectively, “xAI”) requesting an injunction…
Recycling and Emission Reduction Regulation Enforcement/Clean Air Act: United States Department of Justice and National Grocery Chain Enter into Consent Decree
The United States Department of Justice (“DOJ”) and the Kroger Co. (“Kroger”) entered into an April 29th Consent Decree (“CD”) in the United States District Court for the Southern District of Ohio addressing alleged violations of Section 608 of the Clean Air Act. Kroger operates a national grocery…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Malvern Asphalt Paving Mixture Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and McGeorge Contracting Co., Inc. (“MCG”) entered into a Consent Administrative Order (“CAO”) addressing alleged violation of an air permit. See Case #: CAO-26-0013. The CAO provides that MCG operates an…
RCRA/Sovereign Immunity: Federal Appellate Court Addresses Injunctive Relief Claim Against California Agency Officials
The United States Court of Appeals, 9th Circuit (“Appellate Court”) addressed in an April 27th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) related lawsuit against two California agency officials. See FORWARD, INC. v. JEFF MACOMBER; ANNA M. LASSO, 2026 WL…
Section 401/Clean Water Act: National Wildlife Federation Comments Addressing U.S. EPA Proposed Certification Rule
The National Wildlife Federation (“NWF”) submitted February 17th comments to the United States Environmental Protection Agency (“EPA”) on the agency’s proposed rule addressing the certification process under Section 401 of the Clean Water Act. See Updating the Water Quality Certification…