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Environmental Policies Civil Monetary Penalty

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

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

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Community Air Monitoring: Louisiana State Legislature Proposes to Impose Standards

The Louisiana State Legislature has passed legislation titled: Louisiana Community Air Monitoring Reliability Act (“Monitoring Act”) The Monitoring Act awaits a decision by Louisiana’s Governor....more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Thousand Oaks, California Medical Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Los Robles Hospital Medical Center (“ Los Robles”) entered into a March 27th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Federal...more

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Air Enforcement: Bay Area Air Quality Management District and City of Berkeley, California, Landfill Enter into Settlement...

The Bay Area Air Quality Management District (“District”) and City of Berkeley, California (“Berkeley”) on April 4th entered into a Settlement Agreement (“Agreement”) addressing alleged violations of California Air...more

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

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Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Plating Facility Enter into Consent...

United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“East Side”) entered into a March 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Lincoln County Detention Center (“Center”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged...more

Nossaman LLP

Fish and Wildlife Service Increases Civil Penalties for Violations of Federal Wildlife Protection Laws

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On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The...more

Seyfarth Shaw LLP

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

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Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....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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Storage Tank Enforcement: U.S. Environmental Protection Agency and Telecommunications Company Enter into Consent Agreement

The United States Environmental Protection Agency (‘EPA”) and AT&T Transoceanic Comm. LLC (“AT&T”) entered into a September 13th Consent Agreement/Final Order (“Consent Agreement”) addressing alleged violations of the...more

Holland & Knight LLP

Etapa de alegatos de conclusión a incluirse en procesos sancionatorios ambientales en Colombia

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El Tribunal Administrativo de Antioquia de Colombia (el Tribunal), el 10 de abril de 2023, expidió sentencia de primera instancia con ponencia de la Magistrada Liliana Navarro Giraldo, por medio de la cual declaró la nulidad...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

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On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

Nossaman LLP

2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

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This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more

Cozen O'Connor

AG Frosh Announces Settlement with Alleged Polluting Poultry Plant

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Maryland AG Brian Frosh and the Maryland Department of the Environment (MDE) reached a settlement with poultry processor Valley Proteins, LLC to resolve allegations that Valley Proteins illegally discharged pollutants into a...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and South Carolina Motor Carrier Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Greenwood Motor Lines d/b/a R+L Carriers (“Greenwood”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Rosebud Rock Crushing Plant...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Quality Rock (“Quality”) entered into a January 24th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

Morgan Lewis - Up & Atom

Large Increase in NRC’s Maximum Civil Monetary Penalty Amounts Fueled by Rising Inflation

The US Nuclear Regulatory Commission (NRC) issued a final rule in the Federal Register on January 14 updating the maximum amounts of civil monetary penalties it can impose. Reflecting the price challenges in the larger US...more

Nossaman LLP

Tiger King Lawsuits Take 2

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On November 19, 2020, in a call back to its criminal lawsuit against Joseph “Tiger King” Maldonado-Passage, the U.S. Department of Justice filed a civil lawsuit against the husband and wife team who took over the wildlife...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and West Memphis Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Phillips County Biodiesel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Solfuels USA., Inc. (“Solfuels”) entered into a March 5th Consent Administrative Order (“CAO”) addressing alleged violations of...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

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

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

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