News & Analysis as of

Underground Storage Tanks Environmental Protection Agency (EPA)

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

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Manassas, Virginia Electric Cooperative Enter into...

The United States Environmental Protection Agency (“EPA”) and Northern Virginia Electric Cooperative (“NVEC”) entered into a May 21st Consent Agreement (“CA”) addressing alleged violations of the Federal Underground Storage...more

Latham & Watkins LLP

US EPA Proposes Methane Emissions Fees for Oil and Natural Gas Industry

Latham & Watkins LLP on

The WEC Rule would impose fees for oil and gas facilities reporting a certain amount of greenhouse gas emissions per year. On January 26, 2024, the US Environmental Protection Agency (EPA) published in the Federal...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Wickliffe, Ohio, Operator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Lubrizol Corporation (“LC”) entered into a January 24th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of the federal...more

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

Underground Storage Tanks/State Compliance Violations: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on October 5th a report addressing underground storage tank(“UST”)  inspections conducted by state UST programs. The report was...more

Allen Matkins

California Environmental Law & Policy Update 8.18.23

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) announced last week that it would investigate the California State Water Resources Control Board (Board) after some Native American tribes and environmental groups complained the...more

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

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Houston Harbaugh, P.C.

Proposed Carbon Capture and Sequestration Act Offers Much for Pennsylvania Property Owners to Consider

On June 20, 2023, Pennsylvania State Senators Yaw, Robinson, Stefano and Vogel introduced Senate Bill 831, the “Carbon Capture and Sequestration Act” with the intent to address the use of pore space for carbon sequestration....more

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

Polk County, Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Request for Adjudicatory Hearing and Arkansas Pollution...

Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas Department of Energy & Environment – Division...more

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

Comparison of U.S. Environmental Protection Agency Underground Storage Tank Regulations and National Fire Protection Association...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a document titled: Comparing EPA UST Regulations and NFPA Fire Codes (“Guidance”)...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and McLaughlin, South Dakota, Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Farmer’s Union Oil of McLaughlin (“Farmer’s”) entered into a January 6th Expedited Settlement Agreement (‘ESA”) addressing alleged violations of the underground...more

J.S. Held

Evaluating Equipment Replacement Costs for Gas Station Losses

J.S. Held on

Gone are the days of pulling into the corner gas station and running over a faded red hose to ring a bell, which in turn alerts the station owner, whose feet are sticking out from under a vehicle in the garage, that he has a...more

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

Underground Storage Tank Performance Measures for All States/Territories/Tribes: U.S. Environmental Protection Agency Semiannual...

The United States Environmental Protection Agency (“EPA”) published a report titled: Semiannual Report of UST Performance Measures - End of Fiscal Yar 2022 (October 1, 2021 – September 30, 2022) (“Report”)...more

Akin Gump Strauss Hauer & Feld LLP

Summary of the Department of the Interior’s New Methane Rule

Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

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

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Dallas/Mountaintop, Pennsylvania, Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Yogkala Management, Inc. (“YMI”) entered into a September 27th Consent Agreement (“CA”) addressing alleged violations of the Underground Storage Tank (“UST”)...more

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

United States Underground Storage Tank Program: U.S. Environmental Protection Agency Announces the Successful Cleanup of Over...

Mark Barolo, Acting Director of the United States Environmental Protection Agency (“EPA”) Office of Underground Storage Tanks authored an article in the March 2022 edition of the LUSTLine Bulletin titled: Congratulations...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Hanover, Pennsylvania, Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Hanover 76, Inc. (“Hanover”) entered into an April 7th Consent Agreement (“CA”) addressing alleged violations of the Pennsylvania underground storage tank (“UST”)...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and York, Pennsylvania, Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and York Fuel Stop, Inc., (“York”) entered into a February 23rd Consent Agreement (“CA”) addressing violations of the Pennsylvania regulations addressing underground...more

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

Underground Storage Tank Performance Measures for All States/Territories/Tribes: U.S. Environmental Protection Agency Semiannual...

The United States Environmental Protection Agency (“EPA”) published a February 8th report titled: USTs by the Numbers: How Did You Do? (“Report”) The Report is published twice a year by EPA and provides Underground...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and West Virginia Grocery Stores Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and U-Save Food Store, Inc. (“U-Save”) entered into a December 13th Consent Agreement (“CA”) addressing alleged violations of the West Virginia Underground Storage...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Millington, Maryland, Owner Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Empire Petroleum Partners, LLC (“Empire”) entered into an October 6th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Maryland...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and U.S. General Service Administration Enter into Consent Order

The United States Environmental Protection Agency (“EPA”) and United States General Services Administration (“GSA”)entered into an August 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the...more

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

Pennsylvania Underground Storage Tank Indemnification Fund/Registration Fees: Pennsylvania Court Addresses Eligibility Issue

A Commonwealth Court of Pennsylvania (“Court”) addressed in an August 5th Opinion an issue arising under the Pennsylvania Underground Storage Tank Indemnification Fund. See Shrom v. Pennsylvania Underground Storage Tank...more

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