Clean Water Act, Discharge of Pollutants, Environmental Violations

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/16/2024

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Greenbrier (“Greenbrier”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations...more

Pretreatment/Clean Water Enforcement: Alabama Department of Environmental Management and Decatur Soybean Processing/Oil Refinery...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/4/2023

The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

Nossaman LLP on 11/28/2023

On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

Nossaman LLP on 11/28/2023

On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

The Cape and Beyond: Alternative Project Procurements for Massachusetts Communities

Burns & Levinson LLP on 5/4/2023

Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more

Air/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/10/2023

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/26/2022

My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/27/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Imboden, Arkansas, (“Imboden”) entered into a May 9th Consent Administrative Order (“CAO”) addressing alleged...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2022

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas (“Lake Village”) entered into an April 26th Consent Administrative Order (“CAO”) addressing...more

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/19/2022

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

Environmental Criminal Enforcement/Clean Water Act: Adair County, Kentucky, Oil Lease Tank Battery Operator Indicted for Alleged...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/15/2022

The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/23/2021

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/7/2021

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on 9/24/2021

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/3/2021

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

Citizen Suit/Clean Water Act Enforcement: Environmental Integrity Project Notice of Intent to Sue York County, Pennsylvania, Food...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/20/2021

The Environmental Integrity Project (“EIP”) sent a June 29th Notice of Intent to Sue (“NOI”) to Hanover Foods Corporation (“HFC”) alleging violations of the federal Clean Water Act and Pennsylvania’s Clean Streams Law. ...more

Wastewater Enforcement: Alabama Department of Environmental Management and Madison County Inorganic Chemical Plant Operator Enter...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/20/2021

The Alabama Department of Environmental Management (“ADEM”) and ISP Chemicals, LLC, (“ISP”) entered into an April 18th Consent Order (“CO”) addressing alleged violation of a Clean Water Act National Pollution Discharge...more

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/13/2021

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/8/2021

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/31/2021

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Department of Parks, Heritage, and Tourism – State Parks Division (“Parks Division”) entered into a February 24th...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/10/2021

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Criminal Enforcement/Clean Water Act: Industrial Wastewater Operator Pleads Guilty to Alleged Landfill Leachate Discharges

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/21/2021

The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan...more

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on 1/12/2021

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

Criminal Enforcement/Clean Water Act: Leetsdale, Pennsylvania, Copper-Processing Company Charged for Alleged Violations

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/9/2020

The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more

Clean Water Act › Discharge of Pollutants › Environmental Violations

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