State AG Pulse | AGs: The Dukes of (Environmental) Hazard
Williams Mullen Manufacturing Edge: Environmental Enforcement in the Current Regulatory Climate
[Webinar] EHS in the Cannabis Industry: What Happens When the E stands for Enforcement?
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
FERC: A Discussion on its Mission, Market Manipulation Investigations, and Common Violations
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
EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more
On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more
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
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) entered into a June 8th Consent Administrative Order (“CAO”) with Maverick Tube Corporation (“MTC”) addressing an alleged violation...more
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
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more
The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...more
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
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and MTD Products Company (“MTD”) entered into a May 17th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit. See Order No....more
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more
The United States Environmental Protection Agency (“EPA”) issued a September 2020 Compliance Advisory titled: National Compliance Initiative: Reducing Significant Non-Compliance with National Pollutant Discharge...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Thomas D.B. Collins LTD (Kensington Subdivision) (“Kensington”) entered into a July 9th Consent Administrative Order (“CAO”)...more
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more
On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more
The Supreme Court ruled on April 23, 2020 that federal law can require a permit for pollutant discharges that travel through groundwater to surface water. The Court’s ruling establishes a new standard by which a Clean Water...more
Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
In a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject to regulation under the CWA,...more
The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more
If you are operating in a state where your governor has issued a stay at home order (NY, NJ, CT, CA, PA, IL, OH, MI, LA, DE, KY, WI) and you have been forced to suspend or shutdown some or all of your operations, it is...more