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Clean Water Act › Environmental Protection Agency (EPA) › Enforcement Actions

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

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On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

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Wastewater Enforcement: U.S. Environmental Protection Agency and Ashtabula, Ohio, Manufacturing Facility Enter into Consent...

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The United States Environmental Protection Agency (“EPA”) and Huntsman Advanced Materials Americas, LLC (“Huntsman”) entered into a May 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean...more

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Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

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My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

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Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hermitage Commercial...

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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Clanton Transport LLC (“Clanton”) entered into a June 9th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Kilpatrick

First Circuit Court of Appeals Limits the Diligent Prosecution Bar to Clean Water Act Citizen Suits

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The Clean Water Act, like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation under the Clean...more

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

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (‘DEQ”) and City of Mountainburg, Arkansas, (“Mountainburg”) entered into a March 8th Consent Administrative Order (“CAO”) addressing alleged...more

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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Jenner & Block

U.S. EPA Releases “ECHO Notify” to Increase Public Awareness of Enforcement Related Information

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On March 22, 2022, U.S. EPA released a new web tool designed to ensure that information regarding environmental violations and enforcement actions is more readily available to the public. The new tool, called ECHO Notify,...more

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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Mintz

You should care that the First Circuit decided yesterday to reconsider (again) its respect for the role of Federal and State...

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This week the First Circuit Court of Appeals decided to rehear, en banc, the argument of a Massachusetts-based NGO that a 2014 Massachusetts Department of Environmental Protection Administrative Consent Order did not preempt...more

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Clean Water Act/EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data: U.S. Government Accountability...

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The United States Government Accountability Office (“GAO”) issued a July 2021 report titled: Clean Water Act – EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data (“Report”) - See...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Union Bridge, Maryland, Cement Plant/Terminal Operator Enter into...

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The United States Environmental Protection Agency (“EPA”) and Lehigh Cement Company, LLC, (“Lehigh”) entered into a Consent Agreement (“Agreement”) addressing alleged violations of a Clean Water Act National Pollution...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

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EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

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Wastewater Enforcement: U.S. Environmental Protection Agency and Beverly, Ohio, Ferroalloy Production Plant Enter into Consent...

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The United States Environmental Protection Agency (“EPA”) and Globe Metallurgical, Inc. (“GMI”), entered into a December 20th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

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The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

White & Case LLP

EPA Approves Texas NPDES Oil and Gas Program Authorization

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On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

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The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

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Criminal Negligence Standard/State Clean Water Act Programs: U.S. Environmental Protection Agency Proposed Regulatory...

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The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water...more

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Criminal Enforcement/Clean Water Act: Leetsdale, Pennsylvania, Copper-Processing Company Charged for Alleged Violations

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The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

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Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Holland & Knight LLP

MassDEP Seeks to Impose Its PFAS Monitoring Requirements in NPDES Permits

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On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more

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Oil Spill/SPCC Enforcement: U.S. Environmental Protection Agency and Beltsville, Maryland Vegetable Oil Recycler Enter into...

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The United States Environmental Protection Agency (“EPA”) and Storm Oil, LLC (“Storm”) entered into a December 30th Consent Agreement (“CA”) addressing alleged violations of Section 311 of the Clean Water Act. See Docket No....more

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