News & Analysis as of

Storm Water Notice of Violation

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

Stormwater Enforcement: Colorado Department of Public Health & Environment Notice of Violation/Cease and Desist Order to Adams...

The Colorado Department of Public Health & Environment issued on October 3rd to Zimmerman Metals, Inc. (“Zimmerman”) a document styled: Notice of Violation/Cease and Desist Order/Order for Civil Penalty (“NOV”)...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Decatur-Morgan County Sanitary Landfill Enter into...

The Alabama Department of Environmental Management (“ADEM”) and City of Decatur-Morgan County Sanitary Landfill (“Decatur”) entered into a January 27th Consent Order (“CO”) addressing alleged violations of the Alabama...more

ArentFox Schiff

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

ArentFox Schiff on

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

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,...

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

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

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Regarding White County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 29th Proposed Order and Assessment (“Order”) to Sergio Family Trust (“SFT”) regarding the alleged failure to obtain coverage under the General...more

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

Stormwater/Wastewater Enforcement: Proposed Tennessee Department of Environment and Conservation Director's Order/Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th proposed Director’s Order and Assessment (“Order”) to Hommel Construction (“Hommel”) addressing alleged violations of a National...more

Fox Rothschild LLP

PA EHB Says PADEP Suggested Penalty Amount Is “Merely Advisory”

Fox Rothschild LLP on

When a developer receives a Notice of Violation (NOV) from PADEP for noncompliance with the Clean Streams Law — most typically involving alleged violations of an NPDES storm water construction permit — that NOV sometimes...more

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