News & Analysis as of September 20, 2024

Environmental Violations

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

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

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on 7/23/2024

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

Environmental Criminal Enforcement/Wetlands: U.S. Department of Justice Announces Sentencing for Virginia Company and Owner

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/17/2024

The United States Department of Justice (“DOJ”) issued a June 27th news release stating that Boyd Farm LLC (“Boyd Farm”) and its owner Frazier T. Boyd III were sentenced on June 26th criminally for an alleged felony violation...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

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on 8/7/2023

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/1/2022

The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an...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

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

EPA Announces Results For FY 2020, Foreshadowing Increased Enforcement Under The Biden EPA

Vinson & Elkins LLP on 1/29/2021

On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...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

DOJ Defers to States for CWA Enforcement

Williams Mullen on 1/12/2021

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

Municipal Stormwater Enforcement: U.S. Department of Justice and City of Colorado Springs, Colorado Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/3/2020

The United States Department of Justice (“DOJ”) entered into an October 29th Consent Decree (“CD”) with the City of Colorado Springs, Colorado (“Colorado Springs”) addressing alleged Clean Water Act National Pollution...more

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on 8/6/2020

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

Stoel Rives - Environmental Law Blog on 3/25/2020

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include...more

Criminal Enforcement: U.S. Department of Justice Announces Sentencing for Elizabeth, New Jersey, Biodiesel Fuel Company for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/19/2019

The United States Department of Justice (“DOJ”) issued a February 8th news release stating that Fuel Bio One, LLC (“FBO”) had been sentenced for an alleged violation of the Clean Water Act. The Elizabeth, New Jersey,...more

DOJ Clarifies Limits on Third Party Payments in Environmental Settlements

Beveridge & Diamond PC on 1/31/2018

In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/20/2017

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

DOJ Directive Threatens Availability of Penalty Mitigation Approach

WilmerHale on 6/28/2017

A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

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Clean Water Act › Department of Justice (DOJ) › Environmental Violations

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