News & Analysis as of

Water Pollution Enforcement

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Dumas, Arkansas, entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...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,...

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

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

Arkansas Water and Air Pollution Control Act Enforcement: Arkansas Department of Energy & Environment - Division of Environment...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Rock Oil & Gas Company, LLC (“White Rock”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an...more

Foley Hoag LLP - Environmental Law

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and...more

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

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

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

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

Coal Combustion Residual Enforcement/Coal Combustion Residual Ponds: Illinois Attorney General and Owner of Inactive Illinois...

The Illinois Attorney General (“AG”) and Dynergy Midwest Generation LLC (“Dynergy”) entered into a June 9th Consent Order (“CO”) addressing alleged violations associated with three coal combustion residual (“CCR”) ponds. ...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...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,...

Automatic Stay/Bankruptcy Filing: Connecticut Court Addresses Whether Landowner Must Comply with State Hazardous Waste Remediation...

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) issued a December 27th Memorandum of Decision (“Decision”) addressing the impact of a Chapter 13 bankruptcy filing on the enforcement of a...more

Farella Braun + Martel LLP

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

[co-authors: Erin Eastwood, Justin Fisch, and Lara McDonough] Ocean plastic pollution is a growing challenge that has captured the attention and concern of governments, businesses, and the public alike. As images and...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Shadow Ridge Wastewater Treatment Facility (“Shadow Ridge”) entered into a June 2nd Consent Administrative Order (“CAO”)...more

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