News & Analysis as of

Clean Air Act Violations Clean Air Act

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

Air Enforcement: U.S. and Medford, New York Metal Shredding Facility Enter into Consent Judgment

The United States Department of Justice on behalf of the United States Environmental Protection Agency (“EPA”) and Gershow Recycling Corporation (“GRC”) entered into an August 20th Consent Judgment (“CJ”) addressing alleged...more

Troutman Pepper

Arizona Files Another Lawsuit Against Automobile Industry for Alleged Emissions Violations

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Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Isola Catfish Processing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Consolidated Catfish Companies, LLC (“CCC”) entered into a December 18th Agreed Order addressing an alleged violation of a Clean Water Act National Pollutant...more

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

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more

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

Asbestos NESHAP Criminal Enforcement: Federal Court Addresses Challenges to Indictments

A United States District Court (“Court”) (D. Idaho) addressed in a February 27th Memorandum Decision and Order (“Memorandum”) an issue arising out of the United States Department of Justice (“DOJ”) charging an individual...more

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

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EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

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

Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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

Air Enforcement: U.S. Environmental Protection Agency and Lawrence County, Kansas, Landfill Operator Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) issued a December 12th news release indicating it had entered into a Consent Agreement with Hamm Inc. (“HI”) addressing alleged violations of the Clean Air Act. ...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Cranston, Rhode Island, Beverage Manufacturing/Bottling Facility...

The United States Environmental Protection Agency (“EPA”) and Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc., (collectively, “Pepsi”) entered into a September 25th Consent...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

Goldberg Segalla

New Sprawling EtO Litigations Mount as Our Pandemic-Shaken World Increasingly Relies on Commercial Sterilizers

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Right on the heels of the eye-popping $408 million settlement between a major commercial sterilizer and plaintiffs claiming injuries resulting from exposure to ethylene oxide (EtO) emitted from the company’s Illinois facility...more

(ACOEL) | American College of Environmental...

The Agony of Defeat (Devices)

I’ve been engaged in issues involving mobile sources for more than 40 years. For much of that time, most of the environmental bar viewed Title II of the Clean Air Act as something that took up space between Titles I and III...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Hamilton Manufacturing Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tronox, LLC (“Tronox”) entered into a July 19th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7203 22....more

Downey Brand LLP

Tenth Circuit Decision Reinforces Federal Clean Air Act Citizen Suits Against Mobile Sources

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In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more

(ACOEL) | American College of Environmental...

EPA’s FY 2021 Enforcement Results: Insights for Clean Air Act Enforcement

When it comes to enforcement initiatives, EPA’s priorities are clear. EPA’s National Enforcement Initiatives are announced on a three-year cycle, and EPA’s annual release of enforcement results is an extensive and in-depth...more

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

Air Enforcement: United States Department of Justice and New York City/Department of Education Enter into Consent Judgment to...

The United States Department of Justice (“DOJ”) and the City of New York and New York City Department of Education (“DOE”) entered into a September 27th Consent Judgment (“CJ”) addressing alleged violations of the Clean Air...more

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

Air Enforcement: U.S. Department of Justice/State of Indiana and Greencastle, Indiana, Cement Manufacturing Facility Enter into...

The United States Department of Justice and the State of Indiana (collectively “DOJ”) entered into a June 3rd Consent Decree (“CD”) with Lone Star Industries, Inc., (“LSI”) addressing alleged Clean Air Act violations. See...more

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

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Abatement Supervisor's Guilty Plea

The United States Department of Justice (“DOJ”) in a March 26th news release stated that Gunay Yakup (“Yakup”) pleaded guilty to involvement in a conspiracy to illegally remove asbestos. The facility involved is stated...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Williamsport, Maryland, Grocery Store Owner Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot Food Stores, Ltd. (“Save-A-Lot”) entered into a November 2nd Expedited Penalty Action and Consent Agreement (“Consent Agreement”) addressing alleged...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and McIntosh, Alabama Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Olin Corp. (“Olin”) entered into a July 24th Consent Agreement (“CA”) addressing alleged violations of Section 112(c) of the Clean Air Act. See Docket No....more

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

Asbestos Enforcement: U.S. Environmental Protection Agency and State of Georgia Municipality Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Columbus Consolidated Government (“Columbus”) entered into an August 18th Consent Agreement (“CA”) addressing alleged violations of the federal asbestos...more

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

Citizen Suit Action/Clean Air Act: Sierra Club Lawsuit Addressing Woodville, Texas, Wood Pellet Manufacturing Facility

The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act. The Complaint...more

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