The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Dermott (“Dermott”) entered into an October 14th Consent Administrative Order (“CAO”) addressing an alleged...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Terra Renewal Services, Inc. (“Terra”) entered into a November 30th Consent Administrative Order (“CAO”) addressing alleged...more
The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 16th Commissioner’s Order and Assessment (“Order”) to Dunlap Stone, Inc. (“DSI”) addressing alleged violations of a National Pollution...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Perryville, Arkansas (“Perryville”), entered into an October 8th Consent Administrative Order (“CAO”) addressing...more
The New Mexico Environment Department (“NMED”) and the United States Air Force entered into a Settlement Agreement (“Agreement”) addressing a previously issued Administrative Compliance Order (“ACO”).
The ACO addressed an...more
United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Little Rock Zoological Gardens (“Zoo”) entered into an August 13th Consent Administrative Order (“CAO”) addressing...more
The United States District Court for the Eastern District of Pennsylvania (“Court”) addressed in a June 15th memorandum issues arising out of a Clean Water Act (“CWA”) citizen suit (“Citizen Suit”) action. See Michael D. Moss...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Winona, Mississippi, (“Winona”) entered into a May 13th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution...more
United States District Court (District of Colorado) Judge William J. Martinez issued a June 19th Order granting the State of Colorado’s (“Colorado”) request for a preliminary injunction of the June 22nd effective date of the...more
Jamie Ewing (Environmental Assessment Director, Little Rock Water Reclamation Authority), Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm) undertook an Arkansas Environmental Federation webinar presentation on May...more
The Washington State Attorney General (“AG”) filed on May 7th a Complaint in the United States District Court (Eastern District of Washington) against Crown Resources Corporation and Kinross Gold for alleged violations of the...more
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
4/24/2020
/ Certiorari ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Hazardous Substances ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Spill Prevention Plans ,
Vacated ,
Waters of the United States ,
Wetlands
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water...more
The United States Environmental Protection Agency (“EPA”) and Americold Logistics, LLC – Lynden (“ALLL”) entered into a March 9th Consent Agreement (“CA”) to address alleged violations of a Clean Water Act Stormwater...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Keo, Arkansas, (“Keo”) entered into a February 10th Consent Administrative Order (“CAO”) addressing an alleged...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Micro Plastics, Inc., (“MPI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) filed a March 3rd Complaint against the City of Bethel Heights (“Bethel Heights”) alleging violations of a Consent Administrative...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Riggins Commercial Construction, LLC, (“Riggins”) entered into a February 12th Consent Administrative Order (“CAO”) addressing...more
The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b):
. . . preempts the Clean Water Act’s (CWA) discharge...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Marvell, Arkansas (“Marvel”) entered into a December 31st Consent Administrative Order (“CAO”) to address alleged...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Black Rock, Arkansas (“Black Rock”) entered into a December 19th Consent Administrative Order (“CAO”) addressing an...more
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a January 17th opinion a company’s umbrella insurance policy’s absolute pollution exclusion. See Eastern Concrete Materials, Inc., v. Ace...more
2/6/2020
/ Appeals ,
Commercial General Liability Policies ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Discharge of Pollutants ,
Duty to Defend ,
Duty to Indemnify ,
Environmental Violations ,
Insurance Industry ,
Motion for Summary Judgment ,
Policy Exclusions ,
Umbrella Policies
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more
1/31/2020
/ Clean Water Act ,
Discharge of Pollutants ,
Enforcement Actions ,
Environmental Violations ,
General Permit ,
Industrial Storm Water Permit ,
Manufacturing Facilities ,
NPDES ,
Storm Water ,
Stormwater Discharge Permits ,
Water Quality