News & Analysis as of

Environmental Violations Enforcement Actions

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

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ozark Industrial...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

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

Air Enforcement: Alabama Department of Environmental Management and Baldwin County Secondary Aluminum Recycling Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Ecovery, LLC (“Ecovery”) entered into an August 7th Consent Order (“CO”) addressing an alleged violation of an Air Permit. The CO provides that Ecovery...more

Allen Matkins

California Environmental Law & Policy Update 8.23.24

Allen Matkins on

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

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Non-Municipal Sewage...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

Holland & Knight LLP

Modificación del régimen sancionatorio ambiental en Colombia

Holland & Knight LLP on

Hay siete novedades relevantes que las empresas en Colombia deben tener en cuenta con ocasión de la sanción de la Ley 2387 del 25 de julio de 2024, que modifica el régimen sancionatorio ambiental contenido en la Ley 1333 de...more

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

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

Troutman Pepper

Wisconsin AG Resolves Investigation Into Alleged Violation of State Air Laws With $85K Settlement

Troutman Pepper on

Wisconsin Attorney General (AG) Josh Kaul has announced an $85,000 settlement with the global food supply company Kerry, Inc. in relation to the company’s operation of a liquid smoke manufacturing facility....more

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

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

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

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Saraland Commercial Truck Wash Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Qualawash Holdings, LLC (“QH”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Administrative Code addressing hazardous waste....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

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Lowell Police Department...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the Lowell, Arkansas Police Department (“Department”) entered into a Consent Administrative Order (“CAO”) addressing an alleged...more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...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,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Bentonville Sign...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and United Industries, Inc. (“United”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged violation...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

Troutman Pepper

When Worlds Collide: State AG-Led Tort Claims Meet Government Contractor Defense

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A state attorney general (AG) and a major American corporation recently battled over the scope and applicability of the government contractor defense....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

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

Holland & Hart LLP

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

Holland & Hart LLP on

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

Beveridge & Diamond PC

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...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

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