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Coal Combustion Residual Enforcement/Coal Combustion Residual Ponds: Illinois Attorney General and Owner of Inactive Illinois Electric Generating Facility Enter into Consent Order
June 20, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Illinois Attorney General (“AG”) and Dynergy Midwest Generation LLC (“Dynergy”) entered into a June 9th Consent Order (“CO”) addressing alleged violations associated with three coal combustion residual (“CCR”) ponds. The CCR ponds are stated to be located at an inactive coal-fired electric…
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Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source
June 19, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of Kauai and Elizabeth A. Char in her official capacity as Director of Health of…
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PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately Owned/Operated Municipal Solid Waste Landfills
June 19, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately owned/operated municipal solid waste landfills in EPA’s proposed regulation of PFAS…
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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Blytheville Tubing Manufacturing Facility Enter into Consent Administration Order
June 19, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) entered into a June 8th Consent Administrative Order (“CAO”) with Maverick Tube Corporation (“MTC”) addressing an alleged violation of a Clean Air Act Permit. See LIS No. 23-041. The CAO provides that MTC…
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Startup, Shutdown, and Malfunction/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Disapproving Revision to the Louisiana State Implementation Plan
June 16, 2023 by Walter G. Wright, Jr.
Category: Arkansas Environmental, Energy, and Water Law
The United States Environmental Protection Agency (“EPA”) published a June 13th Federal Register Notice proposing to disapprove a revision to the Louisiana State Implementation Plan (“SIP”) addressing excess emissions during periods of Startup, Shutdown and Malfunction (“SSM”). See 88 Fed. Reg…
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