Dam Collapse/Flooding: Federal Appellate Court Addresses Whether Michigan Counties' Efforts to Preserve Lake Depth Constitute a Taking
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See Bruneau v. Midland County, et al., No. 23-1761. The question considered was whether two Michigan Counties’ efforts to keep…
Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Wheeling, Illinois Solvent/Paint Coatings Manufacturer Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and Sunnyside Corporation (“Sunnyside”) entered into a June 4th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois Hazardous Waste Regulations. See Docket No. RCRA-05-2024-0012. The CAFO provides that…
Environmental Assessment/Service Contract: Federal Court Addresses Scope of Indemnity for Alleged Negligence
Co-Author JD Bruning The District Court of Maryland (“District Court”) in an April 9th Opinion addressed an issue involving a contract dispute stemming from an environmental assessment. See District of Columbia Water and Sewer Auth. v. Samaha Assoc, 2024 WL 1537982. The question considered was…
Suwannee Alligator Snapping Turtle/Endangered Species Act: U.S. Fish and Wildlife Service Final Rule Designated Threatened Species
The United States Fish and Wildlife Service (“Service”) published a June 27th Federal Register Notice under the Endangered Species Act (“ESA”) designating threatened species status for the Suwannee Alligator Snapping Turtle. See 89 Fed. Reg. 53507. The final rule adds this turtle to the List of…
Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Lowell Police Department Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the Lowell, Arkansas Police Department (“Department”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a general air permit. See LIS No. 24-070. The Department is…