News & Analysis as of

Department of Environmental Quality

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of England...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of England, Arkansas entered into a November 21st Consent Administrative Order (“CAO”) addressing alleged violations of...more

Vinson & Elkins LLP

Outlook on the New Administration: Council on Environmental Quality and Environmental Reviews under the National Environmental...

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In 2020, President-elect Donald Trump promised to ensure that “America’s most critical infrastructure projects” would not be “tied up and bogged down by an outrageously slow and burdensome federal approval process.” Much of...more

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

Enforcement and Compliance Assurance Annual Results for Fiscal Year 2024: U.S. Environmental Protection Agency Issue Report

The United States Environmental Protection Agency (“EPA”) issued on December 5th a press release publishing a report titled: Enforcement and Compliance Annual Results for Fiscal Year 2024 (“Report”)....more

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

Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Houston, Texas Refinery

The Sierra Club and three other environmental organizations filed the following document before the Administrator of the Environmental Protection Agency (“EPA”) on December 3rd: Petition to Object to the Title V Operating...more

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

Wastewater Plant Reconstruction: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Wynne, Arkansas entered into a November 21st Consent Administrative Order (“CAO”) addressing operation of a wastewater...more

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

95th Arkansas General Assembly: Senate Bill 8 Pre-Filed Addressing Used Tire Recycling/Accountability Program Expenses for...

The 95th Arkansas General Assembly will convene on January 13, 2025. Bill filing began on November 15th. Senator J. Payton introduced Senate Bill 8....more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Town of Gloster Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Gloster, Mississippi entered into a July 8th Agreed Order (“AO”) addressing alleged violations of the Clean Water Act National Pollutant Discharge...more

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

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fordyce Oriented Strand...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Georgia-Pacific Wood Products, LLC (“GP”) entered into a November 12th Consent Administrative Order (“CAO”) addressing an...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Almyra Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Almyra, Arkansas entered into a November 18th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Stone County Plywood Plant Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hood Industries, Inc. (“Hood”) entered into a November 12th Agreed Order (“AO”) addressing an alleged violation of a Clean Air Act Title V Operating Permit...more

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

Air Enforcement/Self-Disclosure: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hoover Treated Wood Products, Inc. (“Hoover”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an...more

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

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Lonoke...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Ammunition Operations, LLC (“AO”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lake Village...

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

Jones Day

D.C. Circuit Finds Council on Environmental Quality's NEPA Regulations Are Unenforceable

Jones Day on

In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Eureka Springs...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Good Shephard Humane Society, Inc. (“Good Shephard”) entered into a November 6th Consent Administrative Order (“CAO”)...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and White County Tree Service...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and James Osborne entered into a September 25th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Scrap Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor Corporation (“Nucor”) entered into an October 14th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Highfill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Highfill, Arkansas entered into an October 14 Consent Administrative Order (“CAO”) addressing an alleged violation of a...more

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

Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue

The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nashville Gypsum Wallboard...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“Certainteed”) entered into an October 14th Consent Administrative Order (“CAO”)...more

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

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Strong Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Strong, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 25th Consent Administrative Order (“CAO”)...more

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