News & Analysis as of

Environmental Protection Agency (EPA) Compliance Enforcement

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

Second Trump Administration: Environmental Integrity Project Report Predicts Drop in U.S. Environmental Protection Agency...

The Environmental Integrity Project (“EIP”) issued a December 16th report titled: EPA Enforcement Could Drop Sharply in Second Trump Administration, After Improvements Under Biden (“Report”)....more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Shelby...

The Tennessee Department of Environment and Conservation (“TDEC”) issued on November 15th a Proposed Director’s Order and Assessment (“OA”) to Tradebe Treatment and Recycling of Tennessee, LLC (“TTRT”) addressing alleged...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...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

Farella Braun + Martel LLP

Biden-Harris Administration Announces Release of EPA’s Third Annual Progress Report on the PFAS Strategic Roadmap

On November 14, 2024, the Biden-Harris Administration announced the release of EPA’s third annual progress report on EPA’s PFAS Strategic Roadmap, and the report indicates a growing focus on PFAS-related enforcement and...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,...

Jackson, Mississippi Drinking Water: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an August 12th report titled: State Program Deficiencies and Inadequate EPA Oversight of State Enforcement Contributed...more

Oberheiden P.C.

How to Handle an EPA Inspection: Tips for Success and Mistakes to Avoid

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The United States Environmental Protection Agency (EPA) has long conducted inspections to assess the efficacy of companies’ environmental compliance programs. However, under the EPA’s Climate Enforcement and Compliance...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

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Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

K&L Gates LLP

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

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On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

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

Strategic Civil-Criminal Enforcement Policy: U.S. Environmental Protection Agency April 17th Memorandum

The United States Environmental Protection Agency (“EPA”) issued an April 17th memorandum addressing: Strategic Civil-Criminal Enforcement Policy (“Memorandum”) ...more

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

FY 2023 Federal Environmental Enforcement/Compliance: U.S. Environmental Protection Agency Issues Summary Report

The United States Environmental Protection Agency (“EPA”) issued on December 18th a report titled: Enforcement and Compliance Annual Results for Fiscal Year 2023 (“Enforcement Report”)...more

Dechert LLP

PFAS: The Rising Tide of Regulatory Compliance and Litigation Risks

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EPA Strengthens Focus on PFAS - Late last month, U.S. EPA finalized a rule requiring current and historical manufacturers and importers of perfluoroalkyl substances (PFAS) and PFAS-containing materials to report on PFAS...more

Holland & Hart LLP

EPA Doubles Down on Enforcement to Address Climate Change

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In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

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

FY 2024-2025 National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of Clean Air...

The National Association of Clean Air Agencies (“NACAA”) sent a September 29th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2024-2025 National Program...more

Latham & Watkins LLP

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

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Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

Mintz

Two things about EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye.

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After less than a month on the job EPA Office of Enforcement and Compliance Assurance (OECA) Chief David Uhlmann this week released a memorandum outlining EPA's National Enforcement and Compliance Initiatives (NECIs) for the...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2023

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Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

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Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

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

Air Enforcement: Alabama Department of Environmental Management and Mobile Drum-Mix Asphalt Plant Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Hosea O. Weaver & Sons, Inc. (“HOWSI”) entered into a May 10th Consent Order (“CO”) addressing an alleged violation of an air permit. The CO provides that...more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

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

Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

MG+M The Law Firm

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

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The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

Wiley Rein LLP

EPA Enforcement – How to Be Ready in 2023

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The U.S. Environmental Protection Agency’s (EPA’s) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental...more

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