News & Analysis as of

Air Pollution Enforcement Actions Civil Monetary Penalty

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hazen Solid Waste Landfill...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Waste Corporation of Arkansas, LLC (“WC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an...more

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

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On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Alabama Department of Environmental Management and Baldwin County Secondary Aluminum Recycling Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Ecovery, LLC (“Ecovery”) entered into an August 7th Consent Order (“CO”) addressing an alleged violation of an Air Permit. The CO provides that Ecovery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Rose Bud Natural Gas...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Orca Gathering Company, LLC (“Orca”) entered into an August 6th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storm Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Dewitt Cryptocurrency...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Railcar Repair...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and UTC Railcar Repair Services, LLC (“UTC”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Washington County Hot Mix...

The Arkansas Department of Energy & Environment – Division of Environmental Quality and Jet Asphalt & Rock Company, Inc. (“Jet Asphalt”) entered into an October 12th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Monticello Polystyrene...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Drew Foam Companies, Inc. (“Drew”) entered into an October 16th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy Plastic Package...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and The Bryce Company, LLC (“Bryce”) entered into an October 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Beverage Manufacturing Facility Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Ardagh Metal Packaging USA Corp. (“Ardagh”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7244...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Jefferson County, Alabama, Board of Health/Environmental Organizations Enter into Consent Decree with...

The Jefferson County, Alabama, Board of Health (“Health Department”) and Bluestone Coke, LLC, (“Bluestone”) entered into a December 9th Consent Decree (“CD”) addressing alleged violations of an air permit. See Case No.:...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Springdale Plastic/Wood...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Moistureshield, Inc. (“Moistureshield”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Lawrenceburg Metal Fabrication Facility

The Tennessee Air Pollution Control Board (“Board”) issued a November 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Assurance Operations Corporation d/b/a AOC Metal Works (“Assurance”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Hot Mix Asphalt...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Emery Sapp & Sons, Inc. (“ESSI”) entered into a September 2nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Kenton Grain Processing/Handling Facility

The Tennessee Air Pollution Control Board has issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Obion Grain Co., Inc. (“Obion”) for alleged air permit violations. See Case No. APC21-0181. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland County Rubber Product...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Alliance Rubber Company (“Alliance”) entered into a March 17th Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty to Camden Secondary Magnesium Smelting...

The Tennessee Air Pollution Control Board (“Board”) issued on January 27th a proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to MagPro, LLC (“MagPro”) addressing alleged violations of an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Kingsport Plastic Recycling Operation

The Tennessee Air Pollution Board (“Board”) issued a Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Patriot Recycling, Inc., (“Patriot”). See Case No. APC21-0022. The Order provides...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Mississippi Commission on Environmental Quality and Flowood Compressor Station Operator Enter Into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Gulf South Pipeline Company, LLC, (“Gulf South”) entered into an April 4th Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ashley County Cotton Gin...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Portland Gin & Warehouse, Inc. (“PGWI”) entered into a March 11th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Parkin...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Parkin, Arkansas (“Parkin”) entered into a February 25th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Related to McLemoresville Cotton Gin

The Tennessee Air Pollution Control Board (“Board”) issued a March 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Espey Gin Company, Inc. (“Espey”). See Division of Air Pollution Control...more

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