News & Analysis as of

Civil Monetary Penalty Recycling

BCLP

SEC Roasts Keurig for Claims Regarding Recycling of K-Cup Pods

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On September 10, 2024, the SEC announced that it had charged Keurig Dr. Pepper for making incomplete, and therefore inaccurate, statements regarding the recyclability of its popular K-cup pods....more

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

Recycling and Emissions Reduction Rule/Air Enforcement: U.S. Department of Justice and New York City Supermarket Operator Enter...

The United States Department of Justice (“DOJ”) on behalf of the U.S. Environmental Protection Agency (“EPA”) entered into a July 1st Consent Decree (“CD”) with Gristede’s Foods NY, Inc. (“GFNI”) addressing alleged violations...more

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

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Colorado Springs Scrap Metal Recycling Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and American Iron and Metal (“American Iron”) entered into a May 9th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the regulations...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Assessment Addressing Mt. Pleasant Secondary...

The Tennessee Air Pollution Control Board (“Board”) issued a November 6th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Proposed Order”) to Tennessee Aluminum Processors, Inc. (“TAP”). TAP...more

Troutman Pepper

Ohio AG Secures $16M Cleanup of Hazardous Glass

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On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and...more

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

Transportation/Used Oil Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama, Oil Recycling...

The Alabama Department of Environmental Management (“ADEM”) and Rylie Oil Recycling, LLC, (“ROR”) entered into a September 22nd Consent Order (“CO”) addressing alleged violations of the Alabama regulations addressing used oil...more

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

Electronic Waste/Criminal Enforcement: New York Attorney General Announces Convictions of Recycling Companies/Individuals for...

The New York Attorney General (“AG”) and New York Department of Environmental Conservation Commissioner (collectively, “AG”) announced in a September 14th news release the convictions of ALPCO Recycling, Inc., Alton Plumb,...more

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

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

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Westport, Massachusetts, Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and A & E Metal Recycling and Packaging, Inc. (“A & E”) entered into a June 21st Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean...more

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

Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa Scrap Recycling Facility Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Liberty Recycling, Inc., (“Liberty”) entered into a March 14th Consent Order (“CO”) addressing an alleged violation of the Alabama air regulations. See CO No....more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Danville Wood Recycling...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Custom Wood Recycling, Inc. (“Custom”) entered into a February 17th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations File Federal District Court Action Addressing Alleged...

Raritan Baykeeper, Inc., Riverkeeper, Inc., and two individuals (collectively “Baykeeper”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court (E.D....more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Solar Panel Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and LG Electronics USA, Inc. (“LG”) entered into a January 6th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code addressing...more

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

Universal Waste Enforcement: Arkansas Department of Energy and Environment – Division of Environmental Quality and Crittenden...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Upper Edge Technologies, Inc. (“Upper Edge”) entered into an October 13th Consent Administrative Order (“CAO”) addressing...more

Dechert LLP

Fresh Air and Fresh Start: Are Environmental Regulatory Penalties Dischargeable?

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Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management Proposed Order Addressing Birmingham, Alabama Solid Waste...

The Alabama Department of Environmental Management (“ADEM”) is proposing to issue an Administrative Order (“AO”) to KMAC Industrial and Recharge (“KMAC”) to address alleged violations related to certain solid waste/recycling...more

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

Water Enforcement: Missouri Department of Natural Resources Notice/Order to Pay Administrative Penalties to Springfield, Missouri...

The Missouri Department of Natural Resources (“MDNR”) issued a Notice and Order to Pay Administrative Penalties (“Order”) to Mid-State’s Recycling LLC (“MSR”) for alleged violations of the Missouri Clean Water Law. See Order...more

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