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Jan 7, 2010

Environmental: Clean Water Act – Monetary Penalty – Authority

Service Oil, Inc. v. U.S Environmental Protection Agency (MLW No. 60030/Case No. 08-2819 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) Where the EPA imposed a fine on the owner of a construction site that did not timely obtain a storm water discharge permit, the EPA lacked statutory authority to assess administrative […]

Nov 5, 2009

Doe Run differs with EPA

Recent test results of lead levels from the Doe Run Co. in Herculaneum could either show that the situation has deteriorated or that it has improved, depending on which entity is interpreting the results.

In July, the U.S. Environmental Protection Agency directed Doe Run to expand the area to collect samples of lead in the surface soil and gravel driveways at residential properties within[...]

Aug 13, 2009

EPA sues owner of smelter

A mysterious trench and a federal lawsuit against the company set to build an iron ore smelter in Crystal City has raised more concerns among anti-smelter citizens. The U.S. Environmental Protection Agency (EPA) is suing Upland Wings Inc. for violating the Clean Water Act at its Pea Ridge mining facility near Sullivan. According to the […]

Aug 3, 2009

8th Circuit removes contested footnote

Usually, a court’s opinion is its final word on the matter. But every so often it will take something back. The 8th U.S. Circuit Court of Appeals has retracted a footnote in an opinion that an attorney on the losing side said was erroneous. The court reissued an opinion Monday in U.S. and State of […]

Jun 10, 2009

Missouri waived its immunity in sewer district suit

The state of Missouri waived its right to sovereign immunity by participating as an active plaintiff in a federal environmental lawsuit against the Metropolitan St. Louis Sewer District, a federal appeals court said. The 8th U.S. Court of Appeals issued on Tuesday what is likely the first decision addressing the effect of the Clean Water […]

Apr 3, 2009

EPA, Independence reach agreement over sewer system

The federal government and the city of Independence have reached a settlement aimed to force improvements to the city's sewer system. Under the proposed settlement filed in U.S. District Court in Kansas City last week, Independence agreed to make improvements to its sewer system to end the sewage overflows. The EPA estimates the cost of those improvements at $35 million.

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