News & Analysis as of

Underground Storage Tanks

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Jackson Facility Enter into Agreed Final Order

The Tennessee Department of Environment and Conservation (“TDEC”) and Bowling Convenience, Inc. (“BCI”) entered into an April 4th Agreed Final Order (“AFO”) addressing alleged violations of the Tennessee Underground Storage...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Knoxville Facility Enter into Agreed Final...

The Tennessee Department of Environment and Conservation (“TDEC”) and Ziptron Energy, Inc. (“ZEI”) entered into an April 4th Agreed Final Order (“AFO”) addressing alleged violations of the Tennessee Underground Storage Tank...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Charles Retail Motor Fuel Facility Enter into Administrative...

The Missouri Department of Natural Resources (“MDNR”) and Mac’s Convenience Stores LLC (“Mac’s”) entered into a February 26th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air...more

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

95th Arkansas General Assembly House Bill Proposing Amendments to Petroleum Storage Tank Trust Fund (CORRECTION)

The post yesterday discussed proposed amendments to the Arkansas Petroleum Storage Tank Trust Fund...more

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

95th Arkansas General Assembly House Bill Proposing Amendments to Petroleum Storage Tank Trust Fund

House Bill 1277 has been filed which proposes two revisions to the Arkansas Petroleum Storage Tank Trust Fund. The Bill is sponsored by Representative Zack Gramlich of Fort Smith and Senator Justin Boyd of Fort Smith....more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Williamson County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed Order and Assessment (“Order”) for alleged violations of the Tennessee Petroleum Underground Storage Tank Act and relevant rules. See Case...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Hohenwald Facility

The Tennessee Department of Environment of Environment and Conservation (“TDEC”) issued an October 29th Proposed Order and Assessment (“Order”) to Om Ganganath, Inc. (“OGI”) addressing alleged violations of the Tennessee...more

Latham & Watkins LLP

EPA Proposes Granting West Virginia Primacy for Class VI Wells

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The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process. The US Environmental Protection Agency (EPA) has proposed a significant regulatory...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and City of Gatlinburg Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and City of Gatlinburg, Tennessee entered into an October 24th Final Order and Settlement Agreement (“Agreement”) addressing an alleged violation of the...more

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

Environmental Services Firms: Federal Court Addresses Dispute Arising Out of Joint Marketing Agreement

A United States District Court (N.D. Ohio) (“Court”) in an October 14th Order addressed a dispute arising out of a Confidentiality and Non-Disclosure Agreement (“NDA”) and Memorandum of Understanding (“MOU”) involving two...more

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 9th Proposed Order and Assessment (“Order”) to RMK LLC. See Case No. FDA24-0044. RMK is stated to be the owner of two underground storage...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Facility Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and Bass Brothers Enterprises, Inc. (“BB”) entered into a September 20th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Philadelphia, Pennsylvania Car Wash Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Yong’s Car Wash, Inc. (“Yong’s”) entered into a September 19th Consent Agreement (“CA”) addressing alleged violations of the underground storage tank (“UST”)...more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Hendersonville Hospital Enter...

The Tennessee Department of Environment and Conservation (“TDEC”) and Henderson Hospital Corporation (“HHC”) entered into an August 23rd Settlement Agreement and Order (“Agreement”) addressing alleged violations of the...more

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

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

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

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

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

Average State Tax Rates for Retail Gasoline/Diesel Fuel Since January 2024: U.S. Energy Information Administration Report

The United States Energy Information Administration (“EIA”) issued an August 20th report titled: Average State Tax Rates for Retail Gasoline and Diesel Fuel Flat Since January 2024 (“Report”)....more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor...

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor Facility - The Tennessee Department of Environment and Conservation (“TDEC”) issued an August...more

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

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Benton County Facility Enter into Settlement...

The Tennessee Department of Environment & Conservation (“TDEC”) and CGS Stores, LLC (“CGS”) entered into a June 18th Settlement Agreement and Order (“Agreement”) addressing  alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pulaski County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Allowey Ahmed (“Ahmed”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged violations of the...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Retail Motor...

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Manassas, Virginia Electric Cooperative Enter into...

The United States Environmental Protection Agency (“EPA”) and Northern Virginia Electric Cooperative (“NVEC”) entered into a May 21st Consent Agreement (“CA”) addressing alleged violations of the Federal Underground Storage...more

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