Legal News

The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration (“PSD”) and Nonattainment (“NA”) programs. EPA had published a proposed rule in the August 9, 2019, Federal Register. See 84 Fed. Reg. 39244....By: Mitchell, Williams, Selig, Gates & Woodyard,

United States District Judge James M. Moody (“Court”) addressed in a September 3rd Order a July 10th Motion filed by Plaintiffs seeking a preliminary and permanent injunction (“Motion”) to prohibit commencement of: . . . any construction on any portion of the proposed reconstruction of a 7.3 mile section of Interstate 30 in Little Rock and North Little Rock, Arkansas, more particularly described herein, pending a final hearing for a permanent injunction based on the merits of the First Amen...

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and reconstruction project. See Kiewit Infrastructure West Co. v. United States, 2020 WL 5032464. The issue involved a contractor’s request for additional payment for the increased cost of purchasing wetland mitigation credits....By: Mitchell, Williams, Selig, Gates & Woodyard,

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dixie Springs Enterprises, LLC (“Dixie”) entered into a July 24th Agreed Order (“AO”) addressing an alleged violation of certain provisions of the Mississippi Code related to stormwater permitting. See Order No. 7059 20. The AO provides that Dixie is involved with a residential development in Summit, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,

The Mississippi Commission on Environmental Quality (“MCEQ”) and Little Bluff, LLC, (“Little Bluff”) entered into a May 4th Agreed Order (“AO”) addressing an alleged failure to obtain a storm water permit. See Order No. 7037 20. The AO provides that Little Bluff is engaged in a residential development in Ocean Springs, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed Request for Commission Review and Adjudicatory Hearing (“Request”) before the Arkansas Pollution Control and Ecology Commission (“Commission”). See Docket No. 2010-001-P. Pursuant to the Request, Little Rock challenged a Clean Water Act National Pollution Discharge ...

The Federal Energy Regulatory Commission (“FERC”) issued a final rule on June 9th amending its regulations regarding authorizations to proceed with construction activities with respect to natural gas facilities. The natural gas facilities affected...By: Mitchell, Williams, Selig, Gates & Woodyard,

The National Association of Clean Air Agencies (“NACAA”) submitted May 11th comments on draft March 25th guidance memorandum distributed by the United States Environmental Protection Agency (“EPA”). The draft guidance memorandum is titled:...By: Mitchell, Williams, Selig, Gates & Woodyard,

The Alabama Department of Environmental Management (“ADEM”) and Martin-Aycock Properties, LLC, (“MAP”) entered into an April 14th Consent Order (“CO”) addressing an alleged violation of the asbestos provisions of the Alabama Code. See Consent Order...By: Mitchell, Williams, Selig, Gates & Woodyard,

The United States District Court of Oregon (“Court”) addressed in an April 14th Opinion an action alleging violation of rights stemming from construction of a solar energy array. See Kristine Yates v. U.S. Envtl. Prot. Agency, 2020 WL 1867384 (D. Or....By: Mitchell, Williams, Selig, Gates & Woodyard,