News & Analysis as of

Civil Monetary Penalty Environmental Violations

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

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

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ozark Industrial...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

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

Air Enforcement: Alabama Department of Environmental Management and Baldwin County Secondary Aluminum Recycling Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Ecovery, LLC (“Ecovery”) entered into an August 7th Consent Order (“CO”) addressing an alleged violation of an Air Permit. The CO provides that Ecovery...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Osceola Cellulose Food...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Viskase Companies, Inc. (“VCI”) entered into a May 6th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Blue Springs Automobile Manufacturing Plant Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Toyota Motor Manufacturing, Mississippi, Inc. (“Toyota”) entered into an August 16th Agreed Order (“AO”) addressing an alleged violation of a Title V Operating...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor...

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor Facility - The Tennessee Department of Environment and Conservation (“TDEC”) issued an...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Non-Municipal Sewage...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

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

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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

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,...

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Redding, California Fuel Transport Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Shasta-Siskiyou Transport (“SST”) entered into a May 30th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Cwa-09-2024-0042. ...more

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Saraland Commercial Truck Wash Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Qualawash Holdings, LLC (“QH”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Administrative Code addressing hazardous waste....more

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

Hazardous Waste Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Magnolia Fuel...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and LB Amfuel Real Estate, LLC (“Amfuel”) entered into a June 17th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Wheeling, Illinois Solvent/Paint Coatings Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Sunnyside Corporation (“Sunnyside”) entered into a June 4th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois Hazardous...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Benton County Facility Enter into Settlement...

The Tennessee Department of Environment & Conservation (“TDEC”) and CGS Stores, LLC (“CGS”) entered into a June 18th Settlement Agreement and Order (“Agreement”) addressing  alleged violations of the Tennessee Underground...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Municipal Solid...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and City of Little Rock Landfill (“LRL”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more

Dorsey & Whitney LLP

Legislature Expands the MPCA’s Enforcement Authorities

Dorsey & Whitney LLP on

In the 2024 Minnesota legislative session, the Legislature granted the Minnesota Pollution Control Agency (MPCA) expanded enforcement powers (Enforcement Legislation or Legislation), including clarified powers to shut down...more

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

Storage Tank Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pulaski County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Allowey Ahmed (“Ahmed”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged violations of the...more

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

Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

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