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Air Enforcement: U.S. Department of Justice and Beverly, Ohio, Ferroalloy Production Facility Enter Into Consent Decree

The United States Department of Justice (“DOJ”) and Globe Metallurgical, Inc. (“GMI”) entered into a Consent Decree (“CD”) in the United States District Court (Southern District of Ohio) addressing alleged Clean Air Act...more

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper, Inc. Notice of Intent to Sue Birmingham, Alabama, Foundry...

The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Joiner Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Joiner, Arkansas, (“Joiner”) entered into a May 25th Consent Administrative Order (“CAO”) addressing alleged violations...more

Toxic Pollutant/Priority Pollutant Lists/Pretreatment Determinations: Environmental Organizations Petition U.S. Environmental...

The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more

Lead-Sheathed Telecom/Power Cables: Environmental Defense Fund Request to U.S. Environmental Protection Agency

The Environmental Defense Fund (“EDF”) and two other environmental organizations (collectively “EDF”) sent a July 17th letter to the United States Environmental Protection Agency (“EPA”) Administrator addressing what it...more

Sackett/Waters of the United States: Virginia Department of Environmental Quality Memorandum Addressing State Jurisdiction Over...

The Virginia Department of Environmental Quality (“VDEQ”) issued a June 29th memorandum describing the actions it will take to protect the state’s wetlands and streams in light of the United States Supreme Court May 25th...more

Stormwater Management Fees/Municipality: Federal Appellate Court Addresses Application to U.S. Corps of Engineers Properties

The Federal Circuit (“Court”) addressed an issue arising out of a municipality’s agreement to stormwater fees on federal property. See City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cir. 2023). The question...more

Waters of United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announce Intent to Issue Final...

The United States Environmental Protection Agency and the United States Department of the Army Corps of Engineers (collectively “EPA”) announced that they are developing a rule to amend the final “revised definition of waters...more

Stormwater Enforcement: Alabama Department of Environmental Management and Woodstock Recycling/Salvage Yard Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and PK Business LLC (“PK”) entered into a May 25th Consent Order (“CO”) addressing alleged violations of the Alabama Stormwater Clean Water Act Stormwater...more

Cooling Water Intake Structure/Clean Water Act: Sierra Club Petition Before the U.S. EPA Environmental Appeals Board Challenging...

The Sierra Club and Conservation Law Foundation (collectively “Sierra Club”) submitted a June 16th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board...more

Citizen Suit Enforcement/Clean Water Act: City of Bentonville, Arkansas, Response to Friends of Little Sugar Creek Notice of...

A previous blog post referenced the Friends of Little Sugar Creek (“FOLSC”) transmittal of a Notice of Intent to Sue (“Notice”) to the City of Bentonville, Arkansas (“Bentonville”), alleging violations of the Clean Water Act....more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Blytheville Tubing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) entered into a June 8th Consent Administrative Order (“CAO”) with Maverick Tube Corporation (“MTC”) addressing an alleged violation...more

Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source

A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Northeast Minnesota Mine Project/Clean Water Act: U.S. Corps of Engineers Revokes Section 404 Permit

The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more

Stormwater Enforcement/Construction: Alabama Department of Environmental Management and Leeds Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and SDH Alabama, LLC (“SDH”) entered into a May 17th Consent Order (“CO”) addressing alleged violations of a Clean Water Act Construction National Pollution...more

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Town of Wesson Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more

Waters of the United States/Clean Water Act: U.S. Supreme Court Issues Opinion in Sackett v. U.S. Environmental Protection Agency

The United States Supreme Court (“SCT”) issued an Opinion on May 25th in Sackett v. Environmental Protection Agency, et al., addressing the scope of the Clean Water Act definition “Waters of the United States” (“WOTUS”). ...more

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

Microplastics: Sixteen Attorneys General Letter to U.S. Environmental Protection Agency/NOAA Seeking Possible Regulatory Action

Sixteen State Attorneys General sent a May 8th letter to the United States Environmental Protection Agency (“EPA”) and National Oceanic and Atmospheric Administration (“NOAA”) addressing the topic of plastic microfibers...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Ashtabula, Ohio, Manufacturing Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Huntsman Advanced Materials Americas, LLC (“Huntsman”) entered into a May 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean...more

Clean Water/Drinking Water State Revolving Funds/Arkansas: Council of Infrastructure Financing Authorities Position Paper on...

The Council of Infrastructure Financing Authorities (“CIFA”) issued a position paper addressing its concerns about the impacts of congressional earmarks on Clean Water and Drinking Water State Revolving Funds (“SRFs”). ...more

PFAS/Stormwater Enforcement: U.S. Environmental Protection Agency Announces Issuance of Administrative Compliance Order on Consent...

The United States Environmental Protection Agency (“EPA”) issued an April 26th news release stating that it had issued a Clean Water Act Administrative Compliance Order on Consent (“AOC”) to the Chemours Company (“Chemours”)...more

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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