News & Analysis as of

Storm Water Environmental Violations

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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

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Foxworth Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Marion County Timber, Inc. (“Marion”) entered into a May 2nd Agreed Order (“AO”) addressing an alleged violation of the Mississippi statute implementing the...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...more

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Stormwater Enforcement: Alabama Department of Environmental Management and Operator Constructing Fairhope Commercial Development...

The Alabama Department of Environmental Management (“ADEM”) and RW Battles, LLC, (“RW”) entered into an October 12th Special Order by Consent (“Order”) addressing an alleged violation of the Alabama regulations implementing...more

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Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...more

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Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

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Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Lancaster, Massachusetts, Construction Site Owner Enter into...

The United States Environmental Protection Agency (“EPA”) and U-Haul Co. of Western Massachusetts, Inc., (“U-Haul”) entered into a March 14th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

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Stormwater/Citizen Suit Enforcement: Coosa Riverkeeper, Inc., Alleges Violations by Alabama Homebuilder

The Southern Environmental Law Center on behalf of Coosa Riverkeeper, Inc., (“CRI”) filed a Complaint in the United States District Court (Northern District of Alabama) against Newcastle Homes, Inc. (“Newcastle”) alleging...more

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

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lamar Salvage Operator Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and J and J Cars, LLC (“J and J”) entered into an October 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Administrative Code related to...more

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

Construction/Stormwater: Mississippi Commission on Environmental Quality and Marshall County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Porter Construction MS, LLC (“Porter”) entered into an October 28th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Administrative Code...more

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Stormwater Enforcement/Construction: Alabama Department of Environmental Management and Tuscaloosa County Commercial Development...

The Alabama Department of Environmental Management (“ADEM”) and Quiktrip Corporation (“Quiktrip”) entered into an October 6th Consent Order (“CO”) addressing alleged violations of an ADEM National Pollution Discharge...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tishomingo County Airport (Belmont) Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tishomingo County Airport (Belmont) (“Airport”) entered into a May 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Oxford Development Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Pine Bluff Investments, LLC (“PBI”) entered into a March 26th Agreed Order (“AO”) addressing alleged violations of a stormwater general permit. See Order No....more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

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

Solid Waste/Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Little River County (“Little River”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing alleged...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and York, Pennsylvania Cement Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Lehigh White Cement Company (“Lehigh”) entered into a November 16th Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollution...more

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Storm Water Enforcement: Mississippi Commission on Environmental Quality and Oktibbeha County Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dewberry Sawmill (“Dewberry”) entered into an October 19th Agreed Order (“AO”) addressing alleged violations of a Mississippi Baseline Storm Water General NPDES...more

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Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Related to DeKalb County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) addressing alleged Clean Water Act stormwater permitting violations by Sequatchie County Scrap...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

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

Citizen Suit Enforcement: Columbia Riverkeeper and Cashmere, Washington Fruit Processing Facility Enter into Consent Decree...

Columbia Riverkeeper (“Riverkeeper”) and Crunch Pak, LLC, (“Crunch”) entered into a January 7th Consent Decree in the United States District Court (Eastern District of Washington) addressing alleged violations of a Clean...more

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