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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Franklin Combined Heat and Power Units
June 26, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Tennessee Air Pollution Control Board (“Board”) issued a June 21st Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Enexor Energy, LLC (“Enexor”). See Case No. APC23-0098. The proposed Order provides that Enexor operates two combined heat and power units (“CHP”)…
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Well Water/Sale of Residence: Ohio Appellate Court Addresses Failure to Disclose/Fraud Issue
June 23, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Grant Gentry The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black, C.A. No. 22AP0010. The question considered was…
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Fresh Water Mussel/Southern Elktoe: U.S. Fish and Wildlife Service Proposes Endangered Species Designation/Critical Habitat
June 23, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Fish and Wildlife Service (‘Service”) published a June 21st Federal Register Notice proposing to list the southern elktoe as endangered under the Endangered Species Act (“ESA”). See 88 Fed. Reg. 40160. The proposed rule also designates critical habitat for the species. The…
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Cooling Water Intake Structure/Clean Water Act: Sierra Club Petition Before the U.S. EPA Environmental Appeals Board Challenging Power Plant NPDES Permit Modification
June 23, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Sierra Club and Conservation Law Foundation (collectively “Sierra Club”) submitted a June 16th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act National Pollutant Discharge…
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Hydraulic Fracking Services/Commercial General Liability Policy: Federal Appellate Court Addresses Coverage for Faulty Workmanship
June 22, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Jenna Davidson The United States Court of Appeals for the Third Circuit (“Appellate Court”) addressed in a May 31st Opinion an insurance coverage question arising out of hydraulic fracking services being employed to extract natural gas. See American Home Insurance Co. v. Superior Well…
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