News & Analysis as of

Clean Air Act Violations Environmental Violations

Troutman Pepper

Arizona Files Another Lawsuit Against Automobile Industry for Alleged Emissions Violations

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Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

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EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

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

Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Goldberg Segalla

New Sprawling EtO Litigations Mount as Our Pandemic-Shaken World Increasingly Relies on Commercial Sterilizers

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Right on the heels of the eye-popping $408 million settlement between a major commercial sterilizer and plaintiffs claiming injuries resulting from exposure to ethylene oxide (EtO) emitted from the company’s Illinois facility...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Hamilton Manufacturing Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tronox, LLC (“Tronox”) entered into a July 19th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7203 22....more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Williamsport, Maryland, Grocery Store Owner Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot Food Stores, Ltd. (“Save-A-Lot”) entered into a November 2nd Expedited Penalty Action and Consent Agreement (“Consent Agreement”) addressing alleged...more

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

Asbestos Enforcement: U.S. Environmental Protection Agency and State of Georgia Municipality Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Columbus Consolidated Government (“Columbus”) entered into an August 18th Consent Agreement (“CA”) addressing alleged violations of the federal asbestos...more

Holland & Hart LLP

Chemical Safety Board to Require Reporting of Significant Accidental Releases

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On February 5, 2020, the U.S. Chemical Safety & Hazard Investigation Board (“CSB”) announced a new rule that will require owners and operators of stationary sources to report certain unanticipated emissions of regulated or...more

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

Volkswagen Settlement Updates: Arkansas's Revised Mitigation Plan and Program Deadlines

In 2015, when confronted with a United States Environmental Protection Agency Notice of Violation of the Clean Air Act, Volkswagen admitted to installing defeat devices in the diesel engine software of approximately 500,000...more

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

Air Enforcement: U.S. Environmental Protection Agency and Claypool, Indiana Soybean Processing Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Louis Dreyfus Company Agricultural Industries LLC (“Dreyfus”) entered into a September 9th Consent Agreement and Final Order (“CAFO”) addressing alleged Clean Air...more

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

Asbestos/Criminal Enforcement: U.S. Attorney (District of Connecticut) Announces Guilty Plea for Asbestos Removal

The United States Attorney’s Office for the District of Connecticut issued a May 23rd news release stating that Aleks Rakaj plead guilty to one count of illegal asbestos removal in violation of the Clean Air Act. The...more

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

NESHAP/Air Enforcement: U.S. Environmental Protection Agency and Port Townsend, Washington Pulp Mill Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA“) and Port Townsend Paper Corporation (“PTPC“) entered into a May 21st Consent Agreement (“CA“) addressing alleged violations of the Clean Air Act. See Docket No....more

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

U.S. Environmental Protection Agency/Arkansas Department of Environmental Quality Public Meeting – Crossett, Arkansas: Proposed...

The United States Environmental Protection Agency (“EPA”) issued a February 6th news release stating that a joint public meeting will be held with the Arkansas Department of Environmental Quality (“ADEQ”) to discuss a...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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We’ve got details on China’s proposed trade peace deal along with thoughts on whether it’ll be sufficient to satisfy a White House that’s been itching for a fight....more

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

112(r) Clean Air Act/Enforcement: U.S. Environmental Protection Agency and Operator of Winchester, Kentucky Cold Food Storage...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Pasco, Washington Frozen Food Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and CRF Frozen Foods Ltd. entered into a February 5th Expedited Settlement Agreement addressing alleged violations of regulations (40 C.F.R. Part 68) implementing...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

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

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Searcy Denney Scarola Barnhart & Shipley

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

McDermott Will & Emery

EPA Raises Statutory Civil Monetary Penalty Amounts

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On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which...more

Ballard Spahr LLP

Inflation Matters: EPA Civil Penalty Authority Receives a Dramatic Boost

Ballard Spahr LLP on

A little-publicized section of the federal Bipartisan Budget Act of 2015 has led to the U.S. Environmental Protection Agency (EPA) promulgating new interim regulations that increase by unprecedented amounts the civil...more

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