News & Analysis as of

Enforcement Actions Discharge of Pollutants

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

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

Allen Matkins

California Environmental Law & Policy Update 8.09.24

Allen Matkins on

The city of Fresno announced this week that Shell USA, Dow Chemical, and other oil and chemical companies have agreed to pay the city $230 million to settle the city’s 2007 lawsuit against them for allegedly contaminating...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Troutman Pepper

Delaware AG Files PFAS Suit Against Numerous Companies

Troutman Pepper on

On October 26, Delaware Attorney General (AG) Kathleen Jennings filed a lawsuit against fourteen chemical companies for allegedly contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS)...more

Eversheds Sutherland (US) LLP

Is PFAS litigation the new asbestos docket? PFAS users now face increasing government enforcement actions and private lawsuits

PFAS litigation is on the rise. The catalyst is the rapidly developing patchwork of proposed municipal, state, and federal regulations seeking to find and hold accountable PFAS users. State attorneys general are taking an...more

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

Air/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

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

Wastewater Enforcement: Louisiana Department of Environmental Quality and Farmerville Dental Office Enter into Settlement

Wastewater Enforcement: Louisiana Department of Environmental Quality and Farmerville Dental Office Enter into Settlement - The Louisiana Department of Environmental Quality (“LDEQ”) and NELA Dental of Farmerville, L.L.C.,...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hampton Mining...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Arkansas Gravel Co., Inc. (“AGCI”) entered into a November 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

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

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

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

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Imboden, Arkansas, (“Imboden”) entered into a May 9th Consent Administrative Order (“CAO”) addressing alleged...more

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

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

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

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Columbia County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Albermarle Corporation-South Plant (“Albermarle”) entered into a March 8th Consent Administrative Order (“CAO”) addressing an...more

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

Wastewater Enforcement: Tennessee Department of Environment & Conservation Order Addressing Knoxville Gasoline Convenience Store

The Tennessee Department of Environment & Conservation (“TDEC”) issued a January 11th Director’s Order and Assessment (“Order”) to Pilot Travel Centers LLC (“Pilot”) addressing alleged violations of the Tennessee Water...more

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

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

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

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

Wastewater Enforcement: Alabama Department of Environmental Management and Brookwood Coal Processing Facility Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and MRC-FG, LLC (“MRC”) entered into a November 15th Consent Order (“CO”) to address violations of a Clean Water Act National Pollution Discharge Elimination System...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Utica, New York, Brewing Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Fountain Hill, Arkansas, (“Fountain Hill”) entered into a September 15th Consent Administrative Order (“CAO”)...more

The Volkov Law Group

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

The Volkov Law Group on

In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

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

Wastewater Enforcement: Louisiana Department of Environmental Quality and Baton Rouge Milk Processing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Kleinpeter Farms Dairy, L.L.C., (“KFD”) entered into a Settlement addressing alleged violations of a Louisiana Pollutant Discharge Elimination System (“LPDES”)...more

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

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

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

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

Wetlands/Clean Water Act Enforcement: Federal Court Considers Whether Cessation of Discharges Renders Action Moot

The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

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