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Motion to Dismiss › Pollution Control

Mintz

Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies

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On January 9, 2024, a Delaware state court judge issued his opinion on the various motions to dismiss filed in the case brought by the State of Delaware against the major fossil fuel companies. (This case is one of...more

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Pope County Fuel Station Request for Hearing/Petroleum Storage Tank Trust Fund: Mena Short Stop Motion to Dismiss without...

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Mena Short Stop, LLC, (“Mena Short Stop”) filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) on August 18th a Motion to Dismiss without Prejudice (“Motion”) a previously submitted Request for...more

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Washington County Landfill/Expansion: Administrative Law Judge Addresses Motions to Dismiss Petitioners' Request for Adjudicatory...

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As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the...more

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Washington County Landfill/Expansion: Eco-Vista Files Replies in Support of Motion to Dismiss

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As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petition”) before the...more

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Washington County Landfill/Expansion: Eco-Vista Motions to Dismiss Request for Adjudicatory Hearing/Commission Review

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As previously noted in April 18th and 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the Arkansas...more

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Washington County Open-Cut Mining Facility: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion...

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As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more

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Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order Addressing Pope County Fueling...

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Administrative Law Judge (“ALJ”) Charles Moulton addressed in an August 16th Amended Recommended Decision (“ARD”) an issue arising out of the administrative litigation associated with Mena Short Stop, LLC (“Mena Short Stop”)....more

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NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

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As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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Odors/Animal Rendering Facility: Federal Court Addresses Motion to Dismiss Nuisance/Negligence Claims

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A United States District Court (D. Colorado) (“Court”) addressed in a March 29th Order procedural motions arising out of litigation relating to the release of odors from an animal rendering and used grease processing...more

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