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Environmental Policies Environmental Protection Agency (EPA) Enforcement Actions

Allen Matkins

California Environmental Law & Policy Update 8.23.24

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Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...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

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

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

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Jones Day

U.S. EPA Increases the Heat on Coolant Enforcement

Jones Day on

On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") filed a complaint for civil penalties against USA Wholesale, Inc. for the illegal import of hydrofluorocarbons ("HFCs"). HFCs are greenhouse gases used...more

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

Holland & Knight LLP on

A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

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

Water System Restructuring Assessment Rule/Safe Drinking Water Act: U.S. Environmental Protection Agency Announces Proposed Rule

The United States Environmental Protection Agency (“EPA”) announced what it describes as the: Water System Restructuring Assessment Rule (“WSRA”). The WSRA is described as outlining a framework for states, public...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

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

Bergeson & Campbell, P.C.

OECA Issues Strategic Civil-Criminal Enforcement Policy

The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA...more

Woods Rogers

EPA’s Landmark Civil-Criminal Enforcement Policy (Part I)

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Last week, the EPA announced a landmark policy change regarding the intersection and overlap of criminal and civil investigations/enforcement actions. EPA’s new policy represents one of the most dramatic and important changes...more

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...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

Robinson+Cole Environmental Law +

EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement

The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...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

Nossaman LLP

Upcoming Deadlines for Water Agencies for PFAS Settlements

Nossaman LLP on

Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly...more

Troutman Pepper

Ohio AG Secures $16M Cleanup of Hazardous Glass

Troutman Pepper on

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

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

Holland & Hart LLP on

Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

Harris Beach PLLC

EPA Releases PFAS Reporting Rule

Harris Beach PLLC on

TCSA-Based Requirement Covers Manufactured and Imported Items - The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring reporting of historic...more

Latham & Watkins LLP

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

Latham & Watkins LLP on

Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

Troutman Pepper

Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

Troutman Pepper on

Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to...more

Akin Gump Strauss Hauer & Feld LLP

EPA Seeks Comment on National Compliance and Enforcement Initiatives

As has been its tradition for nearly 25 years, the Environmental Protection Agency (“EPA”) announced that it is seeking public comment on its National Enforcement and Compliance Initiatives (“NECIs”) for fiscal years...more

Perkins Coie

Supreme Court Decision Portends Greater Judicial Scrutiny of FCC

Perkins Coie on

By a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s (EPA) efforts to regulate greenhouse gases by making industry-wide changes violated...more

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