News & Analysis as of

Environmental Protection Agency (EPA) Civil Monetary Penalty

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Asphalt Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Waste Recycling (“WR”) entered into an August 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act stormwater...more

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

SPCC Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Hartford, Illinois Petroleum Storage/Distribution...

The United States Environmental Protection Agency (“EPA”) and Hartford Wood River Terminal, LLC (“Hartford Wood”) entered into an October 25th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of The...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,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Richmond, Missouri Epoxy Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Arnette Polymers, LLC (“Arnette”) entered into an August 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Missouri hazardous...more

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

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more

Williams Mullen

EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards

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In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Philadelphia, Pennsylvania Car Wash Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Yong’s Car Wash, Inc. (“Yong’s”) entered into a September 19th Consent Agreement (“CA”) addressing alleged violations of the underground storage tank (“UST”)...more

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

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

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Space Flight Center Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and George C. Marshall Space Flight Center (“MSFC”) entered into a July 10th Consent Order (“CO”) addressing an alleged violation of the Alabama Hazardous Waste...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Redding, California Fuel Transport Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Shasta-Siskiyou Transport (“SST”) entered into a May 30th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Cwa-09-2024-0042. ...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

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

Recycling and Emissions Reduction Rule/Air Enforcement: U.S. Department of Justice and New York City Supermarket Operator Enter...

The United States Department of Justice (“DOJ”) on behalf of the U.S. Environmental Protection Agency (“EPA”) entered into a July 1st Consent Decree (“CD”) with Gristede’s Foods NY, Inc. (“GFNI”) addressing alleged violations...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (July 2024)

Welcome to the July edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. The Supreme Court has been busy lately, issuing several opinions that will impact...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Wheeling, Illinois Solvent/Paint Coatings Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Sunnyside Corporation (“Sunnyside”) entered into a June 4th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois Hazardous...more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more

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

Stormwater Construction Enforcement/Solar Energy Facility: U.S. Environmental Protection Agency and Massachusetts Solar Company...

The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Manassas, Virginia Electric Cooperative Enter into...

The United States Environmental Protection Agency (“EPA”) and Northern Virginia Electric Cooperative (“NVEC”) entered into a May 21st Consent Agreement (“CA”) addressing alleged violations of the Federal Underground Storage...more

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

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Colorado Springs Scrap Metal Recycling Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and American Iron and Metal (“American Iron”) entered into a May 9th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the regulations...more

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

Community Air Monitoring: Louisiana State Legislature Proposes to Impose Standards

The Louisiana State Legislature has passed legislation titled: Louisiana Community Air Monitoring Reliability Act (“Monitoring Act”) The Monitoring Act awaits a decision by Louisiana’s Governor....more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Fredonia, Kansas Hazardous Waste Management Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Systech Environmental Corp. (“STC”) entered into a February 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal/Kansas hazardous waste...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Thousand Oaks, California Medical Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Los Robles Hospital Medical Center (“ Los Robles”) entered into a March 27th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Federal...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency in Baltimore, Maryland Galvanize Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Southern Galvanizing Company (“Southern”) entered into a March 26th Consent Agreement (“CA”) addressing alleged violations of the Federal and Maryland Hazardous...more

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

FIFRA Enforcement: US Environmental Protection Agency and Paris, Missouri Pesticide Dealer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Logan Agride – Service, Inc (“Logan”) entered into an April 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Federal...more

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