News & Analysis as of

Administrative Orders Environmental Protection Agency (EPA)

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

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

MS4 Enforcement/Mt. Vernon, New York: U.S. District Judge Issues Order/Injunctive Relief Requiring Compliance

United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more

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

Used Oil Enforcement: Alabama Department of Environmental Management Proposed Administrative Order to Limestone County Used Oil...

The Alabama Department of Environmental Management (“ADEM”) issued an August 20th Proposed Administrative Order (“AO”) to Pine Ridge Transportation, LLC (“Pine Ridge”). See Order No. 20-XXX-HW. The AO states that Pine...more

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

Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency and Township of Belleville, New Jersey, Enter into...

The United States Environmental Protection Agency (“EPA”) and Township of Belleville, New Jersey, (“Belleville”) entered into a July 22nd Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Safe...more

Snell & Wilmer

EPA Requiring AOC Signers to Surrender Federal Claims

Snell & Wilmer on

Reported to be at the direction of the Department of Justice, the EPA is now requiring that anyone willing to enter into an Administrative Order of Consent must first agree to surrender all claims against the United States...more

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

Sale of Building/Superfund: Federal Appellate Court (Eighth Circuit) Addresses Arranger Liability Issue

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an April 11th opinion a Section 107(a) (3) Comprehensive Response, Compensation, and Liability Act (“CERCLA”) arranger issue. See U.S....more

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

Foley Hoag LLP - Environmental Law

Can You Say “Pyrrhic Victory”?

In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more

Snell & Wilmer

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

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