News & Analysis as of

Spill Prevention Plans

Paul Hastings LLP

Annual Update to NRD Programs in All 50 States and Puerto Rico Published

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The 18th annual edition of the “NRD State Guide” has now been published . For nearly two decades, this Guide has provided companies, private practitioners, government officials, and researchers with a comprehensive overview...more

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Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Retail Motor...

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more

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Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Chattanooga Solid Waste...

The Tennessee Department of Environment and Conversation and BFI Waste Services, LLC (“BFI”) entered into a December 11th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

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Aboveground Storage Tanks: An Arkansas Petroleum Storage Tank Trust Fund Reminder

The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more

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Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Kansas Oil and Gas Exploration, Development and...

The United States Environmental Protection Agency (“EPA”) and Colt Energy, Inc. (“CEI”) entered into a May 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal regulations found at 40 CFR Part 112 setting...more

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SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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Waters of the United States/Clean Water Act: United States District Judge (District of North Dakota) Enjoins Enforcement of Rule...

United States District Judge Daniel L. Hovland (District of North Dakota) issued an April 12th Order granting plaintiffs’ Motion for Preliminary Injunction (“Order”) addressing a challenge to a final rule issued by the United...more

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SPCC Enforcement: U.S. Environmental Protection Agency and New Haven, Connecticut, Biofuels Producer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and American GreenFuels, LLC (“AGF”) entered into a February 23rd Expedited Settlement Agreement (“ESA”) addressing addressed violations of the Clean Water Act Oil...more

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Waters of the United States/Clean Water Act: United States District Court Judge (Southern District of Texas) Enjoins Enforcement...

United States District Judge (Southern District of Texas) Jeffrey Vincent Brown (“Court”) issued a March 19th Memorandum Opinion and Order Granting Preliminary Injunction (“Order”) addressing a challenge to a final rule...more

ArentFox Schiff

Preparing Before Accidents Happen: Best Practices for Keeping Your Company Out of the Headlines

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No industrial company wants to find itself on the morning news tied to a chemical spill or train derailment. Events like those can transform even the most highly regarded company into a movie villain and give rise to...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Chambers County, Texas, Marine Terminal Enter into...

The United States Environmental Protection Agency (“EPA”) and Cedar Marine Terminals, LP (“CMT”) entered into an October 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Clean Water Act Spill...more

Sheppard Mullin Richter & Hampton LLP

California Offshore Wind Lease Sale Announced by Bureau of Ocean Energy Management

On October 21, 2022, the U.S. Bureau of Ocean Energy Management (“BOEM”) published a Final Sale Notice (“FSN”) for commercial leasing for wind power on California’s Outer Continental Shelf (“OCS”). Specifically, the FSN...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Payne County, Oklahoma, Tank Battery Enter into...

The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”)...more

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SPCC Enforcement: U.S. Environmental Protection Agency and Tank Battery Operator Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Gary Davis Oil, LLC, (“GDO”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control...more

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Used Oil Enforcement: Alabama Department of Environmental Management Proposed Administrative Order to Limestone County Used Oil...

The Alabama Department of Environmental Management (“ADEM”) issued an August 20th Proposed Administrative Order (“AO”) to Pine Ridge Transportation, LLC (“Pine Ridge”). See Order No. 20-XXX-HW. The AO states that Pine...more

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Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

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SPCC Enforcement: U.S. Environmental Protection Agency and Litchfield, NH Sand and Gravel Facility Operator Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Continental Paving, Inc. (“Continental”) entered into a June 7 Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill...more

Stoel Rives - Environmental Law Blog

Oil & Gas Related Bills Introduced in the 2019-2020 Legislative Session

The 2019-2020 California Legislative Session has officially reached its first deadline. February 22, 2019 marked the deadline by which bills could be introduced for the first half of the Session. Lawmakers will begin Spring...more

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Section 311/SPCC Clean Water Act Enforcement: U.S. Environmental Protection Agency and Lafourche Parish, Louisiana, Oil Production...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more

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SPCC/Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Scrap Facilities Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Super Salvage, Inc. (“SSI”) entered into a November 3rd Consent Agreement (“CA”) addressing alleged violations of certain Clean Water Act stormwater regulations....more

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Air Enforcement: U.S. Environmental Protection Agency and Winchester, Kentucky Dairy Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Kroger Limited Partnership II d/b/a Winchester Farms Dairy (“Winchester”) entered into an August 14th Expedited Settlement Agreement (“ESA”) addressing alleged...more

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SPCC Regulations/Clean Water Act: U.S. Environmental Protection Agency Proposal Declining Applicability to Hazardous Substances

The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more

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Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

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