News & Analysis as of

Environmental Protection Agency (EPA) Consent Decrees

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

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

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

Regional Haze/State Implementation Plans: U.S. Environmental Protection Agency and Sierra Club Enter into Consent Decree Providing...

The United States Environmental Protection Agency (“EPA”) and Sierra Club entered into a July 12th Consent Decree (“CD”) addressing agency review of 32 states’ Clean Air Act State Implementation Plans (“SIP”) related to...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

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

Bergeson & Campbell, P.C.

EPA Accepting Comment on Proposed Consent Decrees to Settle Lawsuits Challenging Time to Complete TSCA Risk Evaluations

On April 26, 2024, the U.S. Environmental Protection Agency (EPA) requested comment on proposed consent decrees that would address lawsuits filed by the Community In-Power and Development Association Inc. (CIDA), Learning...more

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

Stormwater Enforcement: United States/Alabama/Illinois and Solar Energy Construction Firm Enter into Consent Decree

The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

Williams Mullen on

EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

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

Air Enforcement: U.S. Department of Justice/Michigan Enter into Modification of Consent Decree Addressing Dearborn Steel Mill

The United States Department of Justice (“DOJ”) and Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) entered into an October 19th First Material Modification to the Consent Decree (“Modified Consent...more

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

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...more

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

Drum Reconditioning Facility/RCRA/Clean Air Act: U.S. District Court (Wisconsin) Approves Entry of Consent Decree

The United States District Court (Eastern District Wisconsin) (“Court”) addressed in a July 27th Order a request by the United States Department of Justice (“DOJ”) acting on behalf of the United States Environmental...more

Mintz

Like it or not, what is and isn't a Water of the United States is clearer, but what is and isn't a Diligent Prosecution remains...

Mintz on

According to a complaint filed by the United States Environmental Protection Agency and the Georgia Department of Natural Resources, the DeKalb County Wastewater Treatment Facility discharged untreated wastewater into the...more

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

Stationary Combustion Engines/New Source Performance Standards: Environmental Defense Fund and U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) published in the June 13th Federal Register a notice that it had entered into a Consent Decree with the Sierra Club and Environmental Defense Fund (collectively...more

McGlinchey Stafford

EPA Planning to Implement Strict Ethylene Oxide (EtO) Emissions

McGlinchey Stafford on

On May 31, 2023, the EPA provided notice of a proposed consent decree in the case, California Communities Against Toxics (CCAT), et al. v. Regan, No. 1:22-cv-03724 (DDC), which revolves around the issue of ethylene oxide...more

Foley & Lardner LLP

EPA Renewable Fuel Standards Remain Uncertain As Deadlines Loom

Foley & Lardner LLP on

In Foley’s December 21, 2022 Dashboard Insights post, we examined the U.S. Environmental Protection Agency’s (EPA) 2023 renewable fuel standard (RFS) proposal as a potentially transformative change for electric vehicle (EV)...more

Bricker Graydon LLP

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

Bricker Graydon LLP on

On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more

Pillsbury Winthrop Shaw Pittman LLP

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more

J.S. Held

Geographic Information Systems (GIS) and Environmental Compliance

J.S. Held on

“Geographic Information System” (GIS) describes any computer system that incorporates data related to location. GIS can present several different data points in a single map, which allows users to view and analyze trends and...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,...

Consent Decree Interpretation/Clean Water Act: Federal Appellate Court Addresses Dispute Between Fort Smith and U.S. Environmental...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) in a September 14th Opinion addressed a dispute between the City of Fort Smith (“Fort Smith”) and the United States Environmental Protection Agency...more

King & Spalding

Environmental Justice

King & Spalding on

The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

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

Flares/Clean Air Act: Environmental Organizations and U.S. Environmental Protection Agency Enter into Consent Decrees Regarding...

The Environmental Integrity Project and nine other environmental organizations entered into proposed consent decrees with the United States Environmental Protection Agency (“EPA”) to resolve a Clean Air Act citizen suit that...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency/Louisiana Department of Environmental Quality and Operator of...

The United States Department of Justice (“DOJ”) on behalf of the Environmental Protection Agency (“EPA”) and the Louisiana Department of Environmental Quality (“LDEQ”) entered into a Consent Decree (“CD”) with PCS Nitrogen...more

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

CERCLA/Superfund Cost Recovery: U.S. Environmental Protection Agency and Seven Potentially Responsible Parties Enter into Consent...

The United States Department of Justice (“DOJ”) and seven Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) potentially responsible parties (“PRPs”) entered into a May 20th Consent Decree...more

Balch & Bingham LLP

EPA Proposes Deadlines For Acting On Petition To Regulate PVC As Hazardous Waste

Balch & Bingham LLP on

EPA is proposing to enter into a consent decree setting deadlines for the agency to act on a pending petition to list polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA)....more

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