News & Analysis as of

Department of Environmental Quality

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No....more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County School Districts Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jessieville School District and Fountain Lake School District (collectively, “District”) entered into an August 30th Consent Administrative Order (“CAO”)...more

Coal Ash/Preemption: Federal Appellate Court Addresses Challenge to Municipal Regulation

The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more

Arkansas Department of Environmental Quality Public Notices Emergency Rulemaking: Regulation 36/Used Tire Recycling and...

The Arkansas Department of Environmental Quality (“ADEQ”) on August 31st public noticed an emergency rulemaking undertaken by the Arkansas Pollution Control and Ecology Commission (“Commission”)....more

Montana is the Latest State to Propose TENORM Regulations

by Freeborn & Peters LLP on

On August 18, 2017, the Montana Department of Environmental Quality (MDEQ) formally proposed regulations providing additional requirements for the management of technologically enhanced naturally occurring radioactive...more

N.C. Governor Signs H.B. 589

by Foley & Lardner LLP on

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive...more

Michigan Legislature Proposes Bill To Further Regulate TENORM Disposal

by Freeborn & Peters LLP on

The Michigan legislature recently introduced Senate Bill 503 to tighten up Michigan’s existing disposal guidelines pertaining to TENORM or Technologically Enhanced, Naturally Occurring Radioactive Material. Michigan has...more

Texas Third Court of Appeals Overturns TCEQ Action and Confirms that Statutory Provisions Mean What They Say

by Locke Lord LLP on

On July 11, 2017, the Third Court of Appeals at Austin (Texas) issued a decision in Freestone Power Generation, LLC et al. v. Texas Commission on Environmental Quality, Cause Nos. 03-16-00693-CV et al. (“Freestone Power”),...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

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

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

Hazardous Waste Transporters Beware!

by Davis Wright Tremaine LLP on

The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste...more

Sea Change: Washington Supreme Court Decision Affects Coastal Energy Projects

by K&L Gates LLP on

The Washington State Supreme Court recently held that two oil terminal facility expansion projects, near coastal waters in Washington State, are subject to review under the Ocean Resources Management Act (ORMA). ORMA requires...more

Oregon DEQ to Review Sites with Long-Term Controls

The Oregon Department of Environmental Quality (“DEQ”) announced that in March 2017, it will launch a pilot program to take a second look at 25-30 randomly selected sites that received a No Further Action (“NFA”)...more

Arizona Tests for Lead in School Drinking Water Reveal Elevated Levels

by Snell & Wilmer on

The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its...more

Houston Court of Appeals Affirms Jury Verdict and Trial Court Instructions in San Jacinto Waste Pits Case

In a decision released on October 6, 2016, the Court of Appeals for the First District of Texas, sitting in Houston, unanimously affirmed the jury’s verdict that International Paper Company (IP) was not liable for large...more

Virginia DEQ Proposes to Amend its Enforcement Manual

by Williams Mullen on

Virginia’s Department of Environmental Quality (“DEQ”) plans to amend key portions of its enforcement manual (the “Manual”). The Manual details key enforcement policies of the agency and is used by DEQ to guide almost every...more

Louisiana Flooding – Legal Update

by Liskow & Lewis on

The Liskow & Lewis family stands by our friends and neighbors throughout the unprecedented flooding in our community. As we begin the long process of recovery, here is a brief legal update on the response of various courts...more

Virginia DEQ to Revise Risk Assessment Protocols

by Williams Mullen on

The Virginia Department of Environmental Quality (“DEQ”) is preparing to implement revised risk assessment protocols for many of its site cleanup programs. DEQ’s new approach is called the Virginia Unified Risk Assessment...more

Environmental Notes - August 2016

by Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

California Environmental Law & Policy Update - August 2016

by Allen Matkins on

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...more

Texas Adopts EPA's Definition of Solid Waste Rule and E-Manifest Requirements

by Bracewell LLP on

On June 10, 2016, the Texas Commission on Environmental Quality (“TCEQ”) adopted amendments to its statewide hazardous waste rules to incorporate changes made by the U.S. Environmental Protection Agency (“EPA”) to the federal...more

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