News & Analysis as of

Department of Justice (DOJ) Enforcement Actions Clean Air Act

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

Asbestos NESHAP Criminal Enforcement: Federal Court Addresses Challenges to Indictments

A United States District Court (“Court”) (D. Idaho) addressed in a February 27th Memorandum Decision and Order (“Memorandum”) an issue arising out of the United States Department of Justice (“DOJ”) charging an individual...more

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

Air/FIFRA/TSCA Enforcement: United States Department of Justice Complaint Filed in Federal Court Against eBay, Inc. for Alleged...

The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...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

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

Corporate Criminal Enforcement Policy: U.S. Department of Justice Memorandum Announcing Revisions

The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more

Akin Gump Strauss Hauer & Feld LLP

StEPing Up to the Plate: Justice Department Restores Favored Enforcement Resolution Tool

The U.S. Department of Justice (DOJ or the “Department”) made way for the return of supplemental environmental projects (SEPs) as a tool to settle violations of federal environmental laws while delivering environmental...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,...

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Guilty Plea by Company's Vice President for Property...

The United States Department of Justice (“DOJ”) issued a May 21st news release stating that Roger Osterhoudt pleaded guilty to negligently releases asbestos which violated the Clean Air Act. Mr. Osterhoudt is stated to...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

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

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Abatement Supervisor's Guilty Plea

The United States Department of Justice (“DOJ”) in a March 26th news release stated that Gunay Yakup (“Yakup”) pleaded guilty to involvement in a conspiracy to illegally remove asbestos. The facility involved is stated...more

Williams Mullen

EPA Poised to Abandon NSR Enforcement Initiative

Williams Mullen on

On November 1, 1999, EPA Administrator Carol Browner and Attorney General Janet Reno jointly announced “an unprecedented action” to kick off their New Source Review (“NSR”) enforcement initiative. On that day, EPA and DOJ...more

Holland & Knight LLP

Recent Changes Expected to Impact Environmental Enforcement

Holland & Knight LLP on

• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

Miles & Stockbridge P.C.

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

Cozen O'Connor

Volkswagen Defeated?

Cozen O'Connor on

Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

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