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Environmental Site Assessment Plan/Civil Penalty: Indiana Appellate Court Addresses Whether Incarceration Pursuant to a Contempt Citation Can be Imposed Upon Auto Salvage Facility Owner
Category: Arkansas Environmental, Energy, and Water Law
The Court of Appeals of Indiana (“Court”) addressed in a December 29th Memorandum Decision (“Decision”) issues arising out of a lower court’s contempt citation which imposed incarceration on an individual for failure to pay a civil penalty and implement an environmental site assessment plan…
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Clean Water Act Section 404 Program: U.S. Environmental Protection Agency Approves Florida's Delegation Request
Category: Arkansas Environmental, Energy, and Water Law
On Tuesday, December 22, 2020, the United States Environmental Protection Agency (“EPA”) published a notice in the Federal Register that the State of Florida “has the necessary authority to operate a CWA Section 404 program in accordance with the requirements found in CWA section 404(g-1)” and…
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Trees/Associated Wood Products Within a County Right-of-Way: Arkansas Attorney General Opinion Addresses Ownership Issue
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Attorney General (“AG”) addressed in a December 2nd Opinion an issue regarding a Baxter County right-of-way. The question involved ownership of trees and related wood products within the Baxter County right-of-way. The December 2nd Opinion states that the Baxter County Road and Bridge…
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Ozone/Clean Air Act: U.S. Environmental Protection Agency Final Rule Retaining Current National Ambient Air Quality Standard
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the Obama Administration in 2015. The Clean Air Act requires that EPA periodically…
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Five-Year Status Review/Endangered Species Act: U.S. Fish and Wildlife Service Notice of Initiation for Northern Long-Eared Bat
Category: Arkansas Environmental, Energy, and Water Law
The United States Fish and Wildlife Service (“Service”) announced on December 23rd in a Federal Register Notice that it initiated a status review for the Northern Long-Eared Bat (“long-eared bat”) under the Endangered Species Act (“ESA”). See 85 Fed. Reg. 83993. The long-earned bat’s range includes…
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