Clean Water Act, Consent Decrees

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/6/2024

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/15/2024

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper and Tuscaloosa, Alabama Coal Mine Operator Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/13/2024

Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/26/2024

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

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

Williams Mullen on 1/19/2024

EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Waters of the United States/Clean Water Act: Federal Court Addresses Request to Vacate Consent Decree Based on Sackett

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/20/2023

A United States District Court (W.D. Washington) (“Court”) addressed in a December 8th Order a request by Defendants Bobby Wolford Trucking & Salvage, Inc. (“Wolford Trucking”) and Karl Frederick Klock Pacific Bison, LLC...more

404/Clean Water Act Enforcement: United States/West Virginia and Glenville, West Virginia, Oil and Gas Company Enter into Consent...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/16/2023

The United States Department of Justice and the State of West Virginia entered into a September 28th Consent Decree (“CD”) with Waco Oil and Gas Company, Inc. (“Waco”) addressing alleged violations of both the Clean Water Act...more

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/21/2023

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/9/2023

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

Like it or not, what is and isn't a Water of the United States is clearer, but what is and isn't a Diligent Prosecution remains...

Mintz on 7/10/2023

According to a complaint filed by the United States Environmental Protection Agency and the Georgia Department of Natural Resources, the DeKalb County Wastewater Treatment Facility discharged untreated wastewater into the...more

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

Bricker Graydon LLP on 5/11/2023

On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more

Stormwater Enforcement/Clean Water Act: United States Department of Justice and Fort Smith, Arkansas, Based National Freight...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/23/2023

The United States Department of Justice (“DOJ”) and ABF Freight System, Inc. (“ABF”) entered into a March 20th Consent Decree (“CD”) addressing alleged violations of Clean Water Act Industrial Stormwater Permits. See United...more

Stormwater Enforcement: U.S. Environmental Protection Agency/State of Illinois and Perry County Solar Generating Facility Site...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/17/2022

The United States Environmental Protection Agency (“EPA”) and State of Illinois entered into a Consent Decree (“CD”) with Prairie State Solar, LLC (“Prairie State”) to address alleged violation of the Clean Water Act...more

Consent Decree Interpretation/Clean Water Act: Federal Appellate Court Addresses Dispute Between Fort Smith and U.S. Environmental...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/19/2022

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) in a September 14th Opinion addressed a dispute between the City of Fort Smith (“Fort Smith”) and the United States Environmental Protection Agency...more

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/12/2022

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

Coal Pile Drainage/Citizen Suit Enforcement: Court Approves Consent Decree Between Environmental Organizations and Alabama Mine...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/19/2022

The Southern Environmental Law Center and two other environmental organizations issued an August 11th news release stating that a United States District Court Judge in Birmingham, Alabama, granted a request to approve a...more

This 1st Circuit Clean Water Act decision makes complete sense except in the real world

Mintz on 5/2/2022

Almost two years to the day after the United States Supreme Court's decision in Maui v. Hawaii Wildlife Fund, the First Circuit Court of Appeals rendered its decision in The Blackstone Headwaters Coalition v. Gallo Builders. ...more

DuPont Reaches $3.35 Million Settlement over Allegations of Environmental Violations at Its Texas Chemical Plant

Cozen O'Connor on 10/22/2021

Texas AG Ken Paxton and the U.S. Department of Justice reached a settlement with chemical companies E.I. du Pont de Nemours and Co. and Performance Materials NA, Inc. (collectively “DuPont”) to resolve numerous allegations of...more

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on 8/30/2021

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

Woods Rogers on 6/15/2021

In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more

U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions - Guam v. United States, No. 20-382 (May 24, 2021)

Robinson & Cole LLP on 6/8/2021

In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger...more

Clean Water Act › Consent Decrees