News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act Department of Justice (DOJ)

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

Mintz

Tony Bennett may have left his heart in San Francisco but the City's appeal of its NPDES permit is on its way to the United States...

Mintz on

Juan-Carlos Rodriguez is reporting on DOJ's and EPA's brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittee, the City and County of...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Mintz

EPA's Clean Water Act "Congressional Purpose" Chicken Roosts in South Carolina

Mintz on

Law360 is reporting that a Federal District Court Judge in South Carolina is allowing NGOs, including the South Carolina Coastal Conservation League, to continue their Clean Water Act citizen suit against the Army Corps of...more

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

Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act

The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an...more

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

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

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Sets Briefing Schedules...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

ArentFox Schiff

Environmental Justice Update: Chicago Forcing Facility Relocation to Environmental Justice Area Puts Federal HUD Funding at Issue

ArentFox Schiff on

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws - to address...more

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

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Addresses Motion to...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

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

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S....

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

Environmental Criminal Enforcement/Clean Water Act: Adair County, Kentucky, Oil Lease Tank Battery Operator Indicted for Alleged...

The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more

Mintz

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

Mintz on

This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more

Snell & Wilmer

EPA to Revisit Clean Water Act WOTUS Rule

Snell & Wilmer on

On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps of Engineers (Corps) announced their intent to...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announces Intent to Revise...

The United States Environmental Protection Agency and Department of the Army (collectively “EPA”) announced in a June 9th news release their intent to revise the Clean Water Act definition of waters of the United States...more

Sullivan & Worcester

Guam v. U.S. - A Case of Environmental Injustice?

Sullivan & Worcester on

President Biden has made environmental justice a cornerstone of his administration. While all government departments and agencies have a role to play, the U.S. EPA has taken on the environmental justice mantle as reflected in...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

The Volkov Law Group

Environmental Crime Enforcement: Button Up for an Increase in Criminal Investigations and Compliance Demands

The Volkov Law Group on

The Biden Administration has a number of enforcement priorities.  While not listed as a primary objective, the Justice Department and the EPA can be expected to increase criminal enforcement of environmental laws....more

Williams Mullen

Environmental Notes - March 2021

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Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

Vinson & Elkins LLP

EPA Announces Results For FY 2020, Foreshadowing Increased Enforcement Under The Biden EPA

Vinson & Elkins LLP on

On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

Williams Mullen on

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

Williams Mullen

Environmental Notes - January 2021

Williams Mullen on

Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

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