Environmental Violations, Enforcement, NPDES

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

Lippes Mathias LLP on 6/28/2024

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

Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/12/2024

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

Citizen Suit Enforcement/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue Newburgh, Indiana, Aluminum...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/20/2023

The Environmental Integrity Project (“EIP”) on behalf of the Sierra Club sent a November 14th Notice of Intent to Sue (“NOI”) to Warrick Newco Operations (“Warrick”) alleging violations of the Clean Water Act. The NOI...more

Citizen Suit Enforcement/Clean Water Act: Alabama/Black Warrior Riverkeeper Judicial Action Addressing Alleged City of Tuscaloosa...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/17/2023

The State of Alabama and two environmental organizations filed a Complaint in the Circuit Court of Tuscaloosa County, Alabama, against the City of Tuscaloosa alleging violations of the Clean Water Act. See Civil Action No....more

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/21/2023

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

Air/Water Enforcement: Alabama Department of Environmental Management and Addison Limestone Quarry Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/8/2023

The Alabama Department of Environmental Management (“ADEM”) and Rock Creek Stone, LLC, (“Rock Creek”) entered into an August 3rd Consent Order (“CO”) addressing an alleged violation of the ADEM air and water regulations. ...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/7/2023

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/1/2022

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/7/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Arkansas Department of Parks, Heritage, and Tourism (“Department”) entered into a September 29th Consent Administrative Order...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/31/2022

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

Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/18/2022

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/12/2022

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

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

ArentFox Schiff on 7/29/2022

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas (“Lake Village”) entered into an April 26th Consent Administrative Order (“CAO”) addressing...more

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/19/2022

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper Notice of Intent to Sue Birmingham, Alabama, Metal Finishing...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/12/2022

Black Warrior Riverkeeper sent on March 22, 2022, a 60-day Notice of Intent to Sue (“NOI”) pursuant to the citizen suit provisions of the Clean Water Act to Kamtek Inc. (“Kamtek”) for alleged violations. Kamtek is stated...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Miller County Sand...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/6/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and SamSand, LLC , (“SamSand”) entered into a March 8th Consent Administrative Order (“CAO”) addressing an alleged violation of a...more

Sanitary Sewer Overflow Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/25/2022

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and the City of Booneville, Arkansas, ("Booneville") entered into a March 8th Consent Administrative Order ("CAO") addressing alleged...more

Air/Wastewater Enforcement: Maryland Attorney General Files Judicial Complaint Against Linkwood Poultry Rendering Facility for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/18/2022

The Maryland Attorney General filed a February 2nd Complaint for Preliminary and Permanent Injunctive Relief and Civil Penalties (“Complaint”) against Valley Proteins, Inc. (“VPI”) for alleged violations of a Clean Water Act...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S. Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/3/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a Consent Administrative Order (“CAO”) addressing alleged...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/21/2022

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

Stormwater Enforcement/Construction: Alabama Department of Environmental Management and Tuscaloosa County Commercial Development...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/21/2021

The Alabama Department of Environmental Management (“ADEM”) and Quiktrip Corporation (“Quiktrip”) entered into an October 6th Consent Order (“CO”) addressing alleged violations of an ADEM National Pollution Discharge...more

Environmental Violations › Enforcement › NPDES

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