News & Analysis as of

Environmental Protection Agency (EPA) NPDES Enforcement

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,...

National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer's Manual: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) has issued a July 2024 document titled: National Pollutant Discharge Elimination System Whole Effluent Toxicity Permit Writer’s Manual (“Manual”)....more

Lippes Mathias LLP

City and County of San Francisco v. Environmental Protection Agency: Supreme Court to Decide the Limits of National Pollutant...

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On May 28, 2024, the Supreme Court announced that it would review a Clean Water Act (CWA) case brought by the City of San Francisco (“San Francisco” or “the City”) against the U.S. Environmental Protection Agency (EPA). The...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

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...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

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

PFAS/Clean Water Act Enforcement: Michigan Attorney General Files Judicial Action Against Grand Rapids Airport for Alleged...

The Michigan Attorney General (“AG”) filed a September 11th lawsuit in the Kent County 17th Judicial Circuit against the Gerald R. Ford International Airport Authority (“Airport Authority”) in Grand Rapids, Michigan. The...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

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This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more

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

PFAS/Stormwater Enforcement: U.S. Environmental Protection Agency Announces Issuance of Administrative Compliance Order on Consent...

The United States Environmental Protection Agency (“EPA”) issued an April 26th news release stating that it had issued a Clean Water Act Administrative Compliance Order on Consent (“AOC”) to the Chemours Company (“Chemours”)...more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...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

Holland & Knight LLP

Year in Review: 2022 PFAS Regulatory Updates

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The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more

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

Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act

The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an...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,...

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Rockport Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Rockport, Arkansas, (“Rockport”) entered into an October 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Keasbey, New Jersey, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

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

Environmental Criminal Enforcement: Memphis, Tennessee, Environmental Consulting Firm CEO Sentenced for Allegedly Filing False...

The United States Department of Justice (“DOJ”) issued a September 12th news release stating that DiAne Gordan (“Gordon”) had been sentenced to 36 months in prison for allegedly fabricating discharge monitoring reports...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,...

Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act Discharge Permits: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) Office of Enforcement and Compliance Assurance issued a March 2022 document titled: Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Piggott Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Piggott, Arkansas, (“Piggott”) entered into a January 3rd Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Kingsport...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 15th Director’s Order and Assessment (“Order”) to BAE Systems Ordinance Systems, Inc. (“BAE”) addressing alleged violations of a Clean Water...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Columbia County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Albemarle Corporation (“AC”) entered into an October 4th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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