News & Analysis as of

Clean Air Act Civil Monetary Penalty

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

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

Flaster Greenberg PC

Chevron Deference Decisions and Its Implications on Businesses

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A win for business. The Supreme Court ends Chevron Deference in a spate of recent decisions limiting administrative authority and assisting regulated parties in challenging agency rulemaking. Loper Bright and Relentless-...more

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

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

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary's Order Addressing East Tennessee State...

The Tennessee Air Pollution Control Board ("Board") issued to East Tennessee State University ("East Tennessee State") on January 5th a document styled: Technical Secretary's Order and Assessment of Civil Penalty...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Plating Facility Enter into Consent...

United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“East Side”) entered into a March 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...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

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,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fayetteville Printed Film...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Packaging Specialties, Inc. (“PSI”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing an alleged...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,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Chattanooga...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Techniques Surfaces, USA, Inc. (“TS”) addressing alleged violations of the Tennessee hazardous...more

Seyfarth Shaw LLP

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

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Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more

Goldberg Segalla

Environmental and Transportation Regulation Violators Should Expect to Pay More in Civil Penalties in 2024

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Both the Department of Transportation and Environmental Protection Agency finished 2023 by issuing new rules that increase the maximum civil penalties for violating certain regulations. For the EPA, those regulations include...more

Hogan Lovells

U.S. EPA and DOT finalize new maximum civil penalties for environmental and transportation-related violations

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The Environmental Protection Agency (EPA) and the Department of Transportation (DOT) just issued final rules increasing civil penalties for violations of certain EPA and DOT regulations, including violations of the Clean Air...more

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

Removal of Affirmative Defense Provisions/NESHAP: U.S. Environmental Protection Agency Proposal Addressing Oil and Natural Gas...

The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...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,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Downington Town, Pennsylvania, Water Authority Enter into...

The United States Environmental Protection Agency (“EPA”) and Downington Regional Water Authority (“DRWA”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r) of the Clean...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,...

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

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

Air/Wastewater Enforcement: U.S. Department of Justice/New York and Delaware County Protein Powder Manufacturer Enter into Consent...

The United States Department of Justice (“DOJ”), State of New York and Frieslandcampina Ingredients (“FI”) entered into an August 2nd Consent Decree (“CD”) addressing alleged violations of federal and New York air and water...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Crenshaw Ceramics Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Kentucky-Tennessee Clay Company (“KTCC”) entered into a May 31st Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V Operating Permit....more

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

Anhydrous Ammonia/Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and...

The United States Environmental Protection Agency (“EPA”) announced in a June 5th news release a settlement with Anheuser-Busch, LLC (“AB”) addressing alleged violations of the following programs: Clean Air Act chemical...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Carbon Manufacturing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7242 23. ...more

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