The United States, Arkansas Game and Fish Commission (“AGFC”), and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) entered into a Consent Decree with ExxonMobil Pipeline Company, LLC...more
In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of...more
On September 12, 2022, a judge revoked fourteen permits issued by the Louisiana Department of Environmental Quality (“LDEQ”) for a new plastics manufacturing facility under the Clean Air Act....more
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
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
In prior blogs (available here and here), we’ve reported on changes to certain federal and state environmental enforcement policies related to COVID-19. In a nutshell, these policies essentially clarified the enforcement...more
On March 31, 2020, the Arizona Department of Environmental Quality (ADEQ) issued a Memorandum of Compliance and Enforcement Implementation During COVID-19. This memo of compliance is consistent with the March 26, 2020 United...more
The Oregon Department of Environmental Quality (DEQ) recently released a statement on compliance and enforcement of DEQ permits, licenses, and certification conditions during the COVID-19 (coronavirus) pandemic....more
The CA provides that ACS is an owner and operator of a facility (“Facility”) as those terms are defined in RCRA in Front Royal, Virginia. The Facility operates as an automobile coatings manufacturing facility. It is stated...more
The Alabama Department of Environmental Management (“ADEM”) and Orchid Orthopedic Solutions Alabama, LLC, (“OOSA”) entered into an August 20th Special Order by Consent (“Order”) addressing alleged violations of portions of...more
Stuart Spencer undertook a February 4th presentation to my University of Arkansas at Little Rock School of Law Environmental Law class titled: Arkansas Department of Environmental Quality Overview and Air Quality Update...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Channel Chemical Company (“CCC”) entered into a March 29th Agreed Order (“AO”) addressing alleged used oil, hazardous waste, and wastewater violations. See...more
Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more
Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more