Between the Lines Blog
Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or property if (1) the supplier is engaged in the business of manufacturing…
Practice Pointer: Orders Drafted by Opposing Counsel
Even the best litigator loses on a motion every now and then. When that happens in Arkansas state court, oftentimes the judge may file a verbatim order drafted by opposing counsel as the final order. Sometimes these orders have discrepancies between what the judge said at the conclusion of the…
Products Liability Series: Does Arkansas Law Recognize a Post-sale Duty to Warn?
Does Arkansas law recognize a post-sale duty to warn? No. It has long been the conventional wisdom that Arkansas law does not recognize a post-sale duty to warn in the products liability context. However, this understanding of the law was largely based on federal court interpretation of Arkansas…
Products Liability Series: Should a Trial Be Bifurcated When Plaintiff Seeks Punitive Damages?
Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to Reporter’s Notes, 2015 Amendment). Procedure. The jury first determines the…
Recent State Income Tax Rate Changes for Individuals and Corporations
October 19, 2022
by Ashley Edwards
Despite rising inflation and interest rates, some Arkansas individuals and corporations can look forward to relief when filing their state income tax returns for this year and next year. Such relief will come in the form of reduced state income tax rates and an individual income tax credit. In…
Arkansas Environmental, Energy, and Water Law Blog
Combined-Cycle Natural Gas Turbines: U.S. Energy Information Administration Report Addressing Growth
November 11, 2022
by Walter G. Wright, Jr.
The United States Energy Information Administration (“EIA”) issued a November 4th report titled: U.S. Electric-Generating Capacity for Combined-Cycle Natural Gas Turbines is Growing (“Report”) The Report addressed United States current and projected annual capacity additions from combined-cycle…
Preliminary Solid Waste Yard Waste Compost General Permit: Arkansas Department of Energy & Environment - Division of Environmental Quality Schedules Stakeholder Meeting
November 11, 2022
by Walter G. Wright, Jr.
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) issued a November 10th news release announcing the scheduling of a stakeholder meeting to discuss the preliminary draft general permit for yard waste composting (Type CY). DEQ states the current general…
Northeast Regional Sludge End-Use and Disposal Estimate: New England Interstate Water Pollution Control Commission September 2022 Report
November 11, 2022
by Walter G. Wright, Jr.
The New England Interstate Water Pollution Control Commission (“NEIWPCC”) issued a September 2022 Report titled: Northeast Regional Sludge End-Use and Disposal Estimate (“Report”) While focused on one area of the United States, the data/conclusions are presumably relevant to other parts of the…
Underground Injection Control/California Power Generation Plant: U.S. EPA Environmental Appeals Board Petition for Review
November 10, 2022
by Walter G. Wright, Jr.
Panoche Energy Center, LLC, (“PEC”) filed an October 28th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions of a federal Underground Injection Control (“UIC”) Class I Non-hazardous…
Plastics Recycling Facility/Pennsylvania Environmental Hearing Board: Clean Air Council Challenges Port Township Facility's Classification as Advanced Recycling Facility
November 10, 2022
by Walter G. Wright, Jr.
The Clean Air Council (“CAC”) filed a Notice of Appeal (“Notice”) before the Pennsylvania Environmental Hearing Board (“Board”) challenging a letter determination by the Pennsylvania Department of Environmental Protection (“DEP”) for a proposed Port Township, Pennsylvania, plastics recycling…