News & Analysis as of

Environmental Protection Agency (EPA) Notice of Violation

Robinson+Cole Environmental Law +

EPA Notice of Violation Letters Phishing Scam

On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding...more

Troutman Pepper

US EPA Warns of Fraudulent NOVs

Troutman Pepper on

Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)....more

Fishman Haygood LLP

U.S. Fifth Circuit Reverses EPA Order Regarding the Presence of PFAS in Plastic Containers

Fishman Haygood LLP on

Inhance Technologies, a Texas-based plastic and chemical transformation company, went head-to-head with the Environmental Protection Agency (EPA) before the U.S. Fifth Circuit Court of Appeals earlier this year. The Court’s...more

Goldberg Segalla

Fifth Circuit Tells EPA 40-Year-Old Fluorination Process isn’t ‘New’

Goldberg Segalla on

Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their...more

ArentFox Schiff

Supreme Court 2023 Highlights – Administrative and Environmental Law

ArentFox Schiff on

This US Supreme Court’s administrative and environmental decisions were somewhat predictable for much of the 2022-2023 term. And then they weren’t – the final weeks of the term especially featured some high-drama decisions....more

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

Air Enforcement: Alabama Department of Environmental Management and Mobile Drum-Mix Asphalt Plant Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Hosea O. Weaver & Sons, Inc. (“HOWSI”) entered into a May 10th Consent Order (“CO”) addressing an alleged violation of an air permit. The CO provides that...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation and University of Tennessee Enter into Consent...

The Tennessee Department of Environment and Conservation (“TDEC”) and the University of Tennessee (“UT”) entered into an August 18th Consent Order and Assessment (“COA”) to address alleged violations of the Tennessee...more

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

Stormwater/Citizen Suit Enforcement: Conservation Law Foundation Notice of Intent to File Suit Against EPA Under the Clean Water...

The Conservation Law Foundation and Charles River Watershed Association (collectively, “CLF”) sent a July 13th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Violations and Intent...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Dothan Aircraft Repair/Refurbishment Facility...

The Alabama Department of Environmental Management (“ADEM”) and Commercial Jet Services LLC (“CJS”) entered into an April 21st Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See...more

Jenner & Block

Heightened Risk to the Regulated Community: U.S. EPA Overfiling

Jenner & Block on

In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more

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

Air Enforcement: U.S. Environmental Protection Agency Notice of Violation Issued to Pittsburg, Pennsylvania, Metal Scrap Shredding...

The United States Environmental Protection Agency (“EPA”) issued an October 4th Notice of Violation and Opportunity to Confer (“NOV”) to Metalico Pittsburgh, Inc. (“MPI”) alleging violations of the Clean Air Act and certain...more

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

Air Enforcement: Alabama Department of Environmental Management and Ashville Secondary Aluminum Processing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Grooms Aluminum Processors (“GAP”) entered into a September 9th Consent Order (“CO”) addressing alleged violations of an air permit. The CO provides that...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Owner/Operator of Multiple New York Facilities Enter into...

The United States Environmental Protection Agency (“EPA”) and Aero Star Petroleum, Inc., (“Aero”) entered into a March 3rd Consent Agreement/Final Order (“CAFO”) addressing alleged violations of the federal underground...more

Foley Hoag LLP - Environmental Law

An NSR Enforcement Decision – Last of a Dying Breed?

Late last month, Federal Judge Rodney Sippel ruled that EPA could obtain injunctive relief against Ameren Missouri in the long-running NSR enforcement case concerning Ameren’s Rush Island Plant. The Court had already ruled...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Vonore, Tennessee Boat Manufacturing...

The Tennessee Air Pollution Control Board (“TAPCB”) issued a September 11th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Yamaha Jet Boat Manufacturing U.S.A., Inc. (“Yamaha”) for an alleged...more

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

NESHAP/Air Enforcement: U.S. Environmental Protection Agency and Alliance, Ohio Steel Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Alliance Castings Company, LLC (“Alliance”) entered into an August 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Air Act...more

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

NESHAP/Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Dry Cleaning Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more

Ballard Spahr LLP

Prompted by Independent Study, EPA Issues Notice of Violation to Volkswagen for Circumventing Federal Emissions Standards

Ballard Spahr LLP on

The Environmental Protection Agency’s (EPA) issuance of a notice of violation last week to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively Volkswagen) appears to have further validated EPA’s and...more

Foley Hoag LLP - Environmental Law

Perhaps EPA’s NSR Enforcement Initiative Is Now Dead? EPA Loses Another

Last year, after a string of defeats for EPA in its NSR enforcement initiative, I suggested that the initiative was in trouble, but that EPA was probably not yet ready to concede defeat. After the latest blow, earlier this...more

Foley & Lardner LLP

U.S. EPA – Next Generation Enforcement – Already Here With More Coming Soon

Foley & Lardner LLP on

The 2016 budget focus for the United States Environmental Protection Agency (“U.S. EPA”) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who...more

Foley Hoag LLP - Environmental Law

The Reach of Sackett is Not Infinite: Regulated Facilities May Not Challenge EPA Notices of Violation

After the Supreme Court held in Sackett v. EPA that EPA must provide hearings to those to whom it issues unilateral administrative orders, the regulated community immediately began to wonder how broadly the ruling would...more

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