News & Analysis as of

Construction Project Environmental Violations

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

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Property Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and CPJ, LLC (“CPJ”) entered into a March 24th Agreed Order (“AO”) addressing alleged violations of a stormwater permit. See Order No. 7468 25....more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Water Drainage/Nuisance: Pro se Plaintiff Files United States District Court Action Against Construction Company and National...

Pro se Plaintiff Cornelius Brooks (“Brooks”) filed a June 10th Complaint in the United States District Court for the Eastern District of Arkansas against Dolgen Corp., LLC, d/b/a Dollar General (“Dollar General”), and Rozier...more

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

Environmental Criminal Enforcement/Solid Waste: New Hampshire Attorney General Announces Indictment of Grafton County Construction...

The Office of the Attorney General (“AG”) of the New Hampshire Department of Justice announced in a January 25th news release the indictment of Hammond Grinding and Recycling Inc. a/k/a F.C. Hammond & Son Lumber Co....more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Evercompounds, LLC, (“Evercompounds”) entered into a July 2nd Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7135 21. ...more

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

Asbestos/Duty to Maintain: Court of Appeals of Washington Addresses Housing Authority Violation

The Court of Appeals of Washington, Division 1 (“Court of Appeals”) in a June 8th opinion affirmed a King County Superior Court’s (“Superior Court”) decision addressing issues involving application of the state’s asbestos...more

Farrell Fritz, P.C.

“Operation Pay Dirt” – Suffolk County Goes After Illegal Dumping

Farrell Fritz, P.C. on

“Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department of Environmental Conservation (NYSDEC), and the Suffolk County Police Department. It investigated...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Harvest, Alabama Residential Subdivision Contractor...

The Alabama Department of Environmental Management (“ADEM”) and Campbell & Mance Resources, LLC (“CMR”) entered into a Consent Order addressing alleged violations of a National Pollution Discharge Elimination System (“NPDES”)...more

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

Air Enforcement: Tennessee Secretary's Proposed Order/Assessment of Civil Penalty to Sherwood, Tennessee Facility

The Tennessee Secretary of the Air Pollution Control Board (“Board”) issued an October 24th proposed Order and Assessment of Civil Penalty (“Order”) to Lhoist North America of Tennessee, Inc. (“LNATI”) for alleged violations...more

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

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Civil Penalty Addressing Elizabethton, Tennessee...

The Technical Secretary of the Tennessee Air Pollution Control Board (“Board”) issued a June 25th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AYM Inc. (“AYM”). See Case No. APC19-0060. The...more

Williams Mullen

Minimizing Storm-Related Environmental Liability

Williams Mullen on

For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more

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

Tennessee Air Pollution Control Board Proposed Order/Assessment of Civil Penalty to Columbia, Tennessee Alcoholic Beverage...

The Tennessee Air Pollution Control Board (“Board”) issued a November 28th Technical Secretary’ s Order and Assessment of Civil Penalty (“Order”) to Tennessee Distilling Group, LLC (“TDG”) addressing an alleged violation of a...more

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

Asbestos Enforcement: Tennessee Air Pollution Control Board/Civil Penalty Related to Pulaski, Tennessee Facility

The Tennessee Air Pollution Control Board (“Board”) issued a document titled Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing alleged violations of Tennessee rules related to asbestos. The...more

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

Asbestos Enforcement: Arkansas Department of Environmental Quality Notice of Violation Addressing Conway County, Arkansas,...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a July 22nd Notice of Violation (“NOV”) to Mr. Lloyd Elkins alleging violations of the Arkansas asbestos regulations. See Arkansas Pollution Control and Ecology...more

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

Construction/Clean Water Act Citizen Suit Enforcement Action: Federal Appellate Court Addresses Standing Issue

The United States Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a citizen suit enforcement action on May 7, 2018 to enjoin the construction of a funeral home and mortuary in Howard County,...more

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