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Author Archives: James Pray
Iowa District Court Vacates DNR fish kill counting method as improper
Iowa District Court Judge Rustin Davenport recently issued an order vacating the Iowa Department of Natural Resources (“IDNR”) restitution assessment against Monroe Branstad, a Forest City, Iowa farmer. The case began in 2010 when the IDNR issued a restitution assessment … Continue reading
Posted in IDNR News, Uncategorized
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D.C. Circuit Rules That EPA Cannot Defer Carbon Dioxide Limits For Ethanol Plants
On July 12, 2013 the United States Court of Appeals for the D.C. Circuit issued an opinion in the case entitled Center for Biological Diversity v. EPA, 722 F.3d 401 (C.A.D.C. 2013). In 2011 the EPA issued regulations deferring CO2 … Continue reading
Gulf Restoration Network v. Jackson – EPA must decide if it can impose numeric nutrient criteria for the Mississippi and Gulf
NOTE: This case has been appealed as of November 18, 2013 by the EPA. The recent district court decision of Gulf Restoration Network v. Jackson is another win for environmental groups seeking to impose regulations through judges instead of through … Continue reading
New Blog Site
Welcome to the new blog site. If you followed me to the new site, then thank you for keeping track. If you are new to my blog site, then welcome.
Posted in Uncategorized
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Iowa District Court reverses the Iowa Utilities Board and eases the use of solar power in Iowa
Update: On December 4, 2013, the Iowa Supreme Court set oral arguments in this case for Wednesday, January 22 at 1:00 p.m. According to the Iowa Supreme Court’s order signed by Chief Justice Mark S. Cady, each side will have … Continue reading
Get a Phase I before you buy that commercial real estate
I am still amazed that many commercial developers and their attorneys do not understand that the federal law regarding superfund liability has undergone drastic changes. When looking at buying commercial development property I frequently hear them say that they would … Continue reading
Posted in Articles
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American Taxpayer Relief Act of 2012 (Fiscal Cliff Bill) Extends Wind, Cellulosic Ethanol, E15, and Ethanol Equipment tax credits
American Taxpayer Relief Act of 2012, probably better described as the Fiscal Cliff Bill, extended several tax credit programs popular in Iowa and important to the continued development of alternative energy. Without congressional action, those tax credits would have expired … Continue reading
Posted in Articles, Energy
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Final 2012 CERCLA Update
Two recent developments will likely change the face of CERCLA liability as the year draws to a close. First, the EPA issued its new bona fide prospective purchaser (“BFPP”) guidance for tenants on December 5, 2012. The BFPP definition in … Continue reading
Posted in Articles, USEPA News
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RPM Access, LLC sells an equity stake in its Rippey Wind Farm to Google
RPM Access, LLC announced on November 15, 2012 that it will receive a $75 million equity investment in their Rippey Wind Farm from Google Inc. BrownWinick law firm attorneys, James Pray, Bradley Kruse and Philip Stoffregen represented RPM Access, LLC … Continue reading
Posted in Articles, Energy
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Speculation over what environmental initiatives the Obama Administration may propose during the next thirty days
With the election over, speculation is rising as to whether the Administration will use the lame duck session and the fractious fiscal cliff negotiations to seize the opportunity to rush through a number of environmental changes. Current speculation includes: 1. … Continue reading
Posted in Articles, Energy, USEPA News
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Iowa Environmental Compliance 