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Citizen Suit Enforcement/Clean Water Act: City of Bentonville, Arkansas, Response to Friends of Little Sugar Creek Notice of Intent to Sue
June 21, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
A previous blog post referenced the Friends of Little Sugar Creek (“FOLSC”) transmittal of a Notice of Intent to Sue (“Notice”) to the City of Bentonville, Arkansas (“Bentonville”), alleging violations of the Clean Water Act. The Notice stated that FOLSC intended to file a Clean Water Act citizen…
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Stationary Combustion Engines/New Source Performance Standards: Environmental Defense Fund and U.S. Environmental Protection Agency Enter into Consent Decree Addressing Alleged Failure to Undertake Clean Air Act Nondiscretionary Duty
June 21, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) published in the June 13th Federal Register a notice that it had entered into a Consent Decree with the Sierra Club and Environmental Defense Fund (collectively “Sierra Club”) resolving a citizen suit action alleging a failure to perform a…
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Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Moore County Public Water System
June 21, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 7th proposed Director’s Order and Assessment (“Order”) to Metro Moore County Utility Department (“Moore”) addressing alleged violations of the Safe Drinking Water Act. See Case No. DWS23-0016. The Order provides that…
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Mold: Arkansas Court of Appeals Addresses Alleged Breach in Residential Lease Agreements
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Co-Author: Grant Gentry The Arkansas Court of Appeals addressed in a May 24th Opinion an issue involving alleged unsafe conditions at a Helena apartment building. See Angel v. Helena Renaissance 1, L.P., 2023 Ark. App. 297. A concern raised by the tenants was the presence of mold. The question…
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Headwaters Protection Act of 2023: Legislation Introduced in United States Senate Expanding Two United States Forest Service Programs
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Several United States Senators introduced legislation titled: Headwaters Protection Act of 2023 (“Act”) The legislation was introduced by: Senator Michael Bennet Senator Mike Crapo Senator Dianne Feinstein Senator James Risch Senator Ben Ray Luján Senator Mark Kelly Senator John Hickenlooper…
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