Arkansas Environmental Law And Litigation
At Richard Mays Law Firm PLLC, we understand the importance to our community when it comes to preserving our environmental health.
Environmental law covers a wide area of subjects, and environmental issues take a wide variety of forms. Because environmental law is involved in so many different industrial, commercial and development activities, persons and companies who undertake those activities are well-advised to carefully select Arkansas environmental law attorneys who are knowledgeable about the wide application of those laws.
Our Experience In Arkansas Environmental Law
Construction Of Coal-Fired Power Plant
We represented two national environmental organizations in U.S. District Court in Arkansas and the 8th U.S. Circuit Court of Appeals against the U.S. Army Corps of Engineers and one of the nation’s largest electrical generating companies challenging compliance by the defendants with requirements of the National Environmental Policy Act (NEPA). Case settled by company agreeing to plant modifications, numerous environmental projects, early closing of old coal-fired plant, attorney fees and other benefits.
Floodway / Floodplain Development
Represented owners of business on land adjoining stream against landowners on opposite bank for damages arising from floods as a result of their filling property in floodplain and floodway without complying with local ordinances, state statutes and FEMA regulations, and raising the base flood elevation of the stream. Also represented landowners in state lawsuit challenging development of city sports complex in floodplain/floodway of river in violation of FEMA regulations and state laws, causing increase in base flood elevation of river and flooding on landowners’ property.
Defense Of Criminal Waste Discharges
Our environmental law firm successfully defended a nationwide operator of wastewater treatment plants in claim by state of Hawaii for penalties arising out of deliberate discharge of sludge from plant into ocean.
Development In White River
We represented environmental groups in obtaining order against the Corps of Engineers and land developer to void a 404 permit allowing construction of bridge to island in the White River for development of a housing subdivision, when the island was subject to periodic flooding.
Intermodal Facility Development
Our environmental law attorneys represented city and wildlife organization in suit challenging environmental studies of Federal Highway Administration, Corps of Engineers and state highway agency for proposed 800-acre development of an intermodal facility in a floodplain of the Arkansas River.
We successfully handled a lawsuit under NEPA against the Corps of Engineers and land developer to void a 404 permit issued by the Corps allowing development of 200 acres of land in North Little Rock, Arkansas, including the filling of 35 acres of wetlands.
Industrial Park Remediation Costs
Our environmental litigation attorneys litigated a case in U.S. District Court in Arkansas for one of the country’s largest industrial parks against a former industrial tenant in the park for damages and remediation costs arising out of tenant’s disposal of hazardous wastes on the property, resulting in favorable jury verdict.
Represented large national environmental organization in bringing suit under the Endangered Species Act to challenge actions by U.S. Army Corps of Engineers to develop project in east Arkansas that endangered the habitat of the Ivory Bill Woodpecker, one of the world’s most endangered species.
Shoreline Management Plan
Our environmental law attorneys obtained temporary and permanent injunctions in U.S. District Court against the Corps of Engineers prohibiting implementation of a shoreline management plan for Greers Ferry Lake that would have substantially increased the number of boat docks and development on the Lake, and we obtained an award of attorney fees against the Corps under the Equal Access to Justice Act.
Stormwater Consent Decree
On behalf of one of the country’s largest real estate developer, we negotiated a consent decree with the U.S. Department of Justice and EPA settling multiple and highly-disputed claims for alleged violations of the Clean Water Act Construction General Storm Water Permit at 17 construction sites.
300,000 Acre Irrigation Project
We represented state wildlife organization in challenging an Environmental Impact Statement by the Corps of Engineers and State of Arkansas to develop an irrigation project covering much of east Arkansas that would have removed water from the White River, resulting in damage to adjoining wetlands and federal and state wildlife refuges.
Contribution For Mine Remediation
On behalf of lessee of former asbestos mine in California, we successfully sued the U.S. Bureau of Land Management, owner of the mine property, in U.S. District Court for the District of Columbia, to require the BLM to contribute to remediation of mill wastes under Superfund.
Property Purchases Involving Environmental Law In Arkansas
Many major business transactions involve some element of environmental law in Arkansas. Those elements could include, for example, whether it is wise to purchase a former service station location for a branch bank or apartment complex, or the environmental condition of a factory or plant that has used hazardous chemicals in their processes. Prudent purchasers of property will have an environmental assessment conducted of the property as part of their “due diligence.”
Natural Resources Litigation In Arkansas
Breach Of Lease Against Oil And Gas Producer
We represented mineral owners in suit in U.S. District Court against one of world’s largest mining companies for the cancellation of oil and gas leases due to a breach of implied covenant in leases to diligently develop the leases.
Just Compensation For Easement Taking
We represented the owner of a 500-acre farm against a national pipeline company in state court eminent domain action for just compensation for taking of easement for crude oil pipeline and destruction of mountain bike trails.