News & Analysis as of

Civil Monetary Penalty Clean Air Act Enforcement Actions

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

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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

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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/Wastewater Enforcement: U.S. Department of Justice/New York and Delaware County Protein Powder Manufacturer Enter into Consent...

The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more

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112(r)(1)/Air Enforcement: U.S. Environmental Protection Agency and Arlington, Massachusetts, Arena/Ice Skating Rink Enter into...

The United States Environmental Protection Agency (“EPA”) and Town of Arlington, Massachusetts (“Arlington”), entered into a January 19th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section...more

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112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Utica, New York, Brewing Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more

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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

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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

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Vehicle Idling Limits/Air Enforcement: Conservation Law Foundation Complaint Alleging Violation by Connecticut Fleet Operators

The Conservation Law Foundation (“CLF”) filed a February 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against All-Star Transportation, LLC, and Student Transportation of America, LLC ...more

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Air Enforcement: U.S. Environmental Protection Agency and Eagan, Minnesota, Lead Smelting Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Gopher Resource, LLC, (“GR”) entered into a November 30th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Clean Air Act...more

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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

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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

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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,...

Asbestos/NESHAP Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Regarding Demolition...

The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more

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112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Midway, Tennessee, Chemical Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and U.S. Nitrogen LLC (“U.S. Nitrogen”) entered into an October 23rd Consent Agreement (“CA”) addressing alleged violation of Section 112(r)(7) of the Clean Air Act....more

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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

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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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Air Enforcement: U.S. Environmental Protection Agency and Delaware, Ohio Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Liberty Casting Company, LLC (“LCC”) entered into a September 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and a Goodlettsville, Tennessee Wholesale Grocer Enter into...

The United States Environmental Protection Agency (“EPA”) and Associated Wholesale Grocers, Inc. (“AWGI”) entered into a July 12th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations...more

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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,...

Air Enforcement: U.S. Environmental Protection Agency and Romulus, Michigan Hot Mix Asphalt Plant Operator Enter into Consent...

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The United States Environmental Protection Agency (“EPA”) and Ajax Materials Corporation...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

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112(r)(7) Air Enforcement: U.S. Environmental Protection Agency and Knoxville, Tennessee Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Republic Plastics, L.P., K-1 Facility (“RP”) entered into a November 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7)...more

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112(r)/Air Enforcement: U.S. Environmental Protection Agency and Ketchikan, Alaska Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and E.C. Phillips and Son, Inc. (“E.C. Phillips”) entered into an August 17th Expedited Settlement Agreement (“ESA”) addressing alleged violations of regulations...more

King & Spalding

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

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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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