News & Analysis as of

Consent Decrees Civil Monetary Penalty Clean Water Act

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency/State of Illinois and Perry County Solar Generating Facility Site...

The United States Environmental Protection Agency (“EPA”) and State of Illinois entered into a Consent Decree (“CD”) with Prairie State Solar, LLC (“Prairie State”) to address alleged violation of the Clean Water Act...more

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

Coal Pile Drainage/Citizen Suit Enforcement: Court Approves Consent Decree Between Environmental Organizations and Alabama Mine...

The Southern Environmental Law Center and two other environmental organizations issued an August 11th news release stating that a United States District Court Judge in Birmingham, Alabama, granted a request to approve a...more

Dorsey & Whitney LLP

The Supreme Court - May 24, 2021

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued the following two decisions: Guam v. United States, No. 20-382: The Territory of Guam and the United States have been involved in a long-running dispute over...more

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

Construction Stormwater Enforcement: Commonwealth of Massachusetts and Solar Array Developer Enter into Consent Decree

The Commonwealth of Massachusetts, acting through the Office of the Attorney General of Massachusetts, and Dynamic Energy Solutions, LLC, (“Dynamic”) entered into a February 1st Consent Decree (“CD”) addressing alleged...more

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

Municipal Stormwater Enforcement: U.S. Department of Justice and City of Colorado Springs, Colorado Enter into Consent Decree

The United States Department of Justice (“DOJ”) entered into an October 29th Consent Decree (“CD”) with the City of Colorado Springs, Colorado (“Colorado Springs”) addressing alleged Clean Water Act National Pollution...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency/State of Arkansas Enter into Consent Agreement with Magnolia,...

The United States Environmental Protection Agency entered into a Consent Decree (“Decree”) with Delek Logistics Operating, LLC, and Sala Gathering Systems, LLC, (collectively Delek) to address alleged violations relating to a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

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