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Enforcement Actions Pollution Control

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

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On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

Allen Matkins

California Environmental Law & Policy Update 8.09.24

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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

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Air Enforcement: Wisconsin Attorney General and Manitowoc Liquid Smoke Manufacturing Facility Enter into Settlement

The State of Wisconsin through its Attorney General (“AG”) entered into a Stipulation of Judgement (“Judgement”) with Kerry Inc. (“KI”) addressing alleged violations of the Wisconsin Air Emission Laws. See State of Wisconsin...more

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Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

Holland & Hart LLP

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

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On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, ...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and City of Gravette, Arkansas, entered into a February 21st Consent Administrative Order ("CAO") addressing an alleged violation of...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Railcar Repair...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and UTC Railcar Repair Services, LLC (“UTC”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway Fabrication/Painting...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and DBG Conway (“DBG”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of an air...more

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Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

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Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...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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Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

Kohn, Kohn & Colapinto LLP

Using Whistleblower Laws to Hold Polluters Accountable

Global political and business leaders have purported ambitious climate-focused goals for the decades ahead, such as eliminating landfill waste by 2030, transitioning to 100% renewable energy use by 2035, and achieving...more

Troutman Pepper

Ohio AG Secures $16M Cleanup of Hazardous Glass

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On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and...more

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Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North Little Rock Site...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Maly Constructions, LLC (“MC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing alleged violations...more

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Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter...

The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit....more

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Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North Little Rock...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Car-Son Construction, LLC (“Car-Son”) entered into a June 16th Consent Administrative Order (“CAO”) addressing alleged violations...more

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Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order Addressing...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a June 28th proposed Order and Assessment (“Order”) to Mac’s Convenience Stores (“MCS”) addressing an alleged violation of the Tennessee Underground...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

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Used Oil Enforcement: Alabama Department of Environmental Management Announces Enforcement Action Against Trussville Transporter

The Alabama Department of Environmental Management (“ADEM”) stated it has issued a Notice of Violation (“NOV”) to Alabama Oil & Gas Recovery, Inc. (“Alabama Oil”). Alabama Oil is described as a former used oil...more

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Water Enforcement: Alabama Department of Environmental Management and Fayette County Sand & Gravel Mining Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Alabama Sand and Gravel, Inc. (“West Alabama”) entered into a December 7th Consent Order (“CO”) addressing alleged violations of regulations addressing...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Springdale Plastic/Wood...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Moistureshield, Inc. (“Moistureshield”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged...more

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U.S. Environmental Protection Agency Enforcement and Compliance Annual Results: Fiscal Year 2022 Report

The United States Environmental Protection Agency (“EPA”) issued a document titled: Enforcement and Compliance Annual Results for Fiscal Year 2022 (“Report”)...more

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