News & Analysis as of

Solid Waste

Mitchell, Williams, Selig, Gates & Woodyard,...

Scrap Metal Recycling Facility/Zoning: Indiana Appellate Court Addresses Challenge to Conditional Use Permit

Co-Author Megan Halford The Court of Appeals of Indiana (“Court”) addressed in an August 14th Opinion an issue arising out of the application of a local zoning ordinance to the construction of a scrap metal recycling...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Luxora Landfill Enter into...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mississippi County Landfill (“MCL”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hazen Solid Waste Landfill...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Waste Corporation of Arkansas, LLC (“WC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Enforcement Alert: Municipal Solid Waste Landfill Monitoring and Maintenance Requirements

The United States Environmental Protection Agency (“EPA”) issued an Enforcement Alert (“EA”) titled: EPA Finds MSW Landfills are Violating Monitoring and Maintenance Requirements....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

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Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Camden...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and the City of Camden, Arkansas entered into an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

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Data Quality Issues Within the Hazardous Waste e-MANIFEST System: Association for State and Territorial Solid Waste Management...

The Association for State and Territorial Management Officials (“ASTSWMO”) published a position paper titled: DATA QUALITY ISSUES WITHIN THE HAZARDOUS WASTE e-MANIFEST SYSTEM (“Position Paper). The Position Paper...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Water Plan Update: Completion of First Phase Announced

The Arkansas Governor’s Office issued a news release titled: Arkansas Water Plan Update Moves Forward After First Phase Completion (“AWP”). The news release states that the Arkansas Department of Agriculture and...more

Mayer Brown

New Regulations on Solid Waste and Reverse Logistics - Management Entities, Auditors of Results for Reverse Logistics, and Other...

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Brazil has recently seen significant updates to solid waste management regulations at the national level. These include new regulations which address: the qualification criteria of managing entities; the qualification...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Project Emissions Counting/Clean Air Act: Waste-to-Energy Association Comments on U.S. Environmental Protection Agency's Proposed...

The Waste-to-Energy Association  (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Municipal Solid...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and City of Little Rock Landfill (“LRL”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium-Ion Batteries: New Hampshire Legislature Passes Legislation Prohibiting Placement in Solid Waste Landfills or Incinerators

The New Hampshire Legislature has passed legislation that would prohibit the disposal of lithium-ion batteries and electronic devices in any solid waste landfill or incinerator in New Hampshire. See House Bill 1386-FN. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Analysis of MSW Landfill Tipping Fees/2023: Environmental Research & Education Foundation Report

The Environmental Research & Education Foundation (“EREF”) has released its annual report titled: Analysis of MSW Landfill Tipping Fees – 2023 (“Report”). The Report undertakes the analysis of Municipal Solid Waste...more

Harris Beach PLLC

DEC Policy Addresses Projects in Disadvantaged Communities

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The New York State Department of Environmental Conservation recently issued a final policy titled Permitting and Disadvantaged Communities under the Climate Leadership and Community Protection Act, DEP-24-1. The policy...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Recycling Tax Credit: Arkansas Department of Energy and Environment - Division of Environmental Quality Update

The Arkansas Recycling Equipment Tax Credit Program was created by Act 654 of 1993. The program encourages recycling by allowing Arkansas taxpayers a 30 percent state income tax credit for the purchase of equipment used...more

Goldberg Segalla

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

Goldberg Segalla on

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stationary Combustion Turbines/NESHAP: U.S. Environmental Protection Agency Denial of Petition to Delist

The United States Environmental Protection Agency (“EPA”) issued a final denial of a petition requesting removal of the Stationary Combustion Turbines source categories from the list of categories of major sources of Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Difficult-to-Manage Materials: Association of State and Territorial Solid Waste Management Officials Issues Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued an April 2024 report titled: Difficult-to-Manage Materials Survey Report (“Report”) - The Report was prepared by the ASTSWMO...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Unites/Corrective Action: ASTSWMO Comments Addressing U.S. Environmental Protection Agency Proposed Rule...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted March 26th comments to the United States Environmental Protection Agency (“EPA”) addressing a proposed rule which would amend the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Contaminated Soil/Residential Sites: Association of State and Territorial Solid Waste Management Official's Comments on...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) Board of Directors submitted a March 19th letter to the United States Environmental Protection Agency (“EPA”) providing comments on its...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Facility/Limited Ban: New York Appellate Court Addresses Judicial Challenge to Town's Local Law

The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town...more

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