News & Analysis as of

Environmental Protection Agency (EPA) Enforcement Clean Air Act

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

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

U.S. Environmental Protection Agency Enforcement Alert: Municipal Solid Waste Landfill Monitoring and Maintenance Requirements

The United States Environmental Protection Agency (“EPA”) issued an Enforcement Alert (“EA”) titled: EPA Finds MSW Landfills are Violating Monitoring and Maintenance Requirements....more

King & Spalding

EPA Approves Indirect Source Rule to Reduce Emissions from Warehouses in Southern California Air District, Potentially Paving the...

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On September 11, 2024, the U.S. Environmental Protection Agency (“EPA”) approved under the Clean Air Act (“CAA”) an indirect source rule that is intended to reduce emissions associated with warehouses located within the South...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,...

Project Emissions Counting/Clean Air Act: Waste-to-Energy Association Comments on U.S. Environmental Protection Agency's Proposed...

The Waste-to-Energy Association  (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...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,...

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

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

U.S. Environmental Protection Agency Fiscal Year 2025: Biden Administration Budget Request

The Biden Administration has released its Fiscal Year 2025 Budget Proposal for the United States Environmental Protection Agency (“EPA”). EPA Administrator Regan in a March 11th news release states that the Budget Request...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Downington Town, Pennsylvania, Water Authority Enter into...

The United States Environmental Protection Agency (“EPA”) and Downington Regional Water Authority (“DRWA”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r) of the Clean...more

Snell & Wilmer

Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming

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Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District...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

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

ArentFox Schiff

EPA Removes Emergency Affirmative Defense for Title V Air Permits

ArentFox Schiff on

On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under...more

ArentFox Schiff

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

ArentFox Schiff on

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,...

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,...

Biden Administration Fiscal Year Proposed 2024 Budget: $12 Billion Requested for U.S. Environmental Protection Agency

The United States Environmental Protection Agency (“EPA”) issued a March 9th news release addressing the Biden Administration’s fiscal year 2024 budget request. The Biden Administration is requesting $12 billion in...more

Vinson & Elkins LLP

Environmental Justice 2022 Year-End Review

Vinson & Elkins LLP on

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

King & Spalding on

The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

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

Air Enforcement: U.S. Environmental Protection Agency and Illinois Municipal Utility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more

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

U.S. Environmental Protection Agency FY2024 Budget: National Association of Clean Air Agencies Recommendations

The National Association of Clean Air Agencies (“NACAA”) transmitted a November 8th letter to the United States Environmental Protection Agency (“EPA”) providing recommendations for the federal agency’s FY2024 budget. ...more

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

Stationary Engines: August 2022 U.S. Environmental Protection Agency Issues Enforcement Alert

The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Middlesboro, Kentucky, Food Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Smithfield Packaged Meats Corporation (“Smithfield”) entered into an August 30th Consent Agreement (“CA”) addressing alleged violations of the regulations...more

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