News & Analysis as of

Civil Monetary Penalty Clean Air Act Clean Air Act Violations

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

Air Enforcement: U.S. and Medford, New York Metal Shredding Facility Enter into Consent Judgment

The United States Department of Justice on behalf of the United States Environmental Protection Agency (“EPA”) and Gershow Recycling Corporation (“GRC”) entered into an August 20th Consent Judgment (“CJ”) addressing alleged...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Isola Catfish Processing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Consolidated Catfish Companies, LLC (“CCC”) entered into a December 18th Agreed Order addressing an alleged violation of a Clean Water Act National Pollutant...more

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

Williams Mullen on

EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Cranston, Rhode Island, Beverage Manufacturing/Bottling Facility...

The United States Environmental Protection Agency (“EPA”) and Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc., (collectively, “Pepsi”) entered into a September 25th Consent...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Hamilton Manufacturing Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tronox, LLC (“Tronox”) entered into a July 19th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7203 22....more

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

Air Enforcement: United States Department of Justice and New York City/Department of Education Enter into Consent Judgment to...

The United States Department of Justice (“DOJ”) and the City of New York and New York City Department of Education (“DOE”) entered into a September 27th Consent Judgment (“CJ”) addressing alleged violations of the Clean Air...more

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

Air Enforcement: U.S. Department of Justice/State of Indiana and Greencastle, Indiana, Cement Manufacturing Facility Enter into...

The United States Department of Justice and the State of Indiana (collectively “DOJ”) entered into a June 3rd Consent Decree (“CD”) with Lone Star Industries, Inc., (“LSI”) addressing alleged Clean Air Act violations. See...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Williamsport, Maryland, Grocery Store Owner Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot Food Stores, Ltd. (“Save-A-Lot”) entered into a November 2nd Expedited Penalty Action and Consent Agreement (“Consent Agreement”) addressing alleged...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and McIntosh, Alabama Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Olin Corp. (“Olin”) entered into a July 24th Consent Agreement (“CA”) addressing alleged violations of Section 112(c) of the Clean Air Act. See Docket No....more

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

Asbestos Enforcement: U.S. Environmental Protection Agency and State of Georgia Municipality Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Columbus Consolidated Government (“Columbus”) entered into an August 18th Consent Agreement (“CA”) addressing alleged violations of the federal asbestos...more

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

Citizen Suit Action/Clean Air Act: Sierra Club Lawsuit Addressing Woodville, Texas, Wood Pellet Manufacturing Facility

The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act. The Complaint...more

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

112r/Air Enforcement: U.S. Environmental Protection Agency and Newport, Oregon Seafood Processing Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Pacific Surimi – Newport, LLC, (“Pacific”) entered into a January 16th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air...more

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

Air Enforcement: U.S. Environmental Protection Agency and Owner of 14 Portland Cement Manufacturing Facilities Enter into Consent...

The United States Department of Justice (“DOJ”) and the United States Environmental Protection Agency issued a news release stating they had entered into a Consent Decree (“CD”) with Lehigh Cement Company, LLC (“Lehigh...more

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

Air Enforcement: U.S. Environmental Protection Agency and Claypool, Indiana Soybean Processing Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Louis Dreyfus Company Agricultural Industries LLC (“Dreyfus”) entered into a September 9th Consent Agreement and Final Order (“CAFO”) addressing alleged Clean Air...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Westfield, New York Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more

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

112(r) Clean Air Act/Enforcement: U.S. Environmental Protection Agency and Operator of Winchester, Kentucky Cold Food Storage...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Pasco, Washington Frozen Food Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and CRF Frozen Foods Ltd. entered into a February 5th Expedited Settlement Agreement addressing alleged violations of regulations (40 C.F.R. Part 68) implementing...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

McDermott Will & Emery

EPA Raises Statutory Civil Monetary Penalty Amounts

McDermott Will & Emery on

On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which...more

Ballard Spahr LLP

Inflation Matters: EPA Civil Penalty Authority Receives a Dramatic Boost

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A little-publicized section of the federal Bipartisan Budget Act of 2015 has led to the U.S. Environmental Protection Agency (EPA) promulgating new interim regulations that increase by unprecedented amounts the civil...more

King & Spalding

EPA Poised to Elevate Clean Air Act 112(r) Enforcement

King & Spalding on

Overview - In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the...more

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