News & Analysis as of

Department of Environmental Conservation

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

Safe Drinking Water Act/Environment: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 5th Proposed Director’s Order and Assessment (“Order”) to the City of Dayton, Tennessee addressing alleged violations of the Tennessee Safe...more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Hendersonville Hospital Enter...

The Tennessee Department of Environment and Conservation (“TDEC”) and Henderson Hospital Corporation (“HHC”) entered into an August 23rd Settlement Agreement and Order (“Agreement”) addressing alleged violations of the...more

Bond Schoeneck & King PLLC

NYSDEC Seeks Feedback on the Part 664 Freshwater Wetland Regulations

In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor...

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor Facility - The Tennessee Department of Environment and Conservation (“TDEC”) issued an...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Benton County Facility Enter into Settlement...

The Tennessee Department of Environment & Conservation (“TDEC”) and CGS Stores, LLC (“CGS”) entered into a June 18th Settlement Agreement and Order (“Agreement”) addressing  alleged violations of the Tennessee Underground...more

Harris Beach PLLC

DEC Policy Addresses Projects in Disadvantaged Communities

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The New York State Department of Environmental Conservation recently issued a final policy titled Permitting and Disadvantaged Communities under the Climate Leadership and Community Protection Act, DEP-24-1. The policy...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Retail Motor...

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Hotel Enter into Settlement Agreement

The Tennessee Department of Environment & Conservation (“TDEC”) and Hotel Memphis OPCO, L.P. (“Hotel Memphis”) entered into a May 13th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the...more

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

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Carter County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189. The...more

Troutman Pepper

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Order and Assessment (“Order”) to Jefferson Farmers Cooperative (“JFC”) addressing alleged violations of the Tennessee Underground Storage...more

Harris Beach PLLC

EPA Finalizes Long-Awaited National PFAS Drinking Water Standard

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On April 10, 2024, EPA issued the first-ever national, legally enforceable drinking water standard for five individual per-and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (so-called, “GenX chemicals.”)...more

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

Storage Tank Enforcement: Trust Fund Eligibility: Proposed Tennessee Department of Environment and Conservation Order/Assessment...

The Tennessee Department of Environment and Conservation (“TEDC”) issued on March 18th a Proposed Order and Assessment (“Order”) to M&M Spartasmoke LLC (“M&M”). See Case No. Fed. 24-0008. The Order addresses a facility...more

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

Solid Waste Management Facility/Limited Ban: New York Appellate Court Addresses Judicial Challenge to Town's Local Law

The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town...more

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

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Robertson...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 7th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy”). The Order provides that Murphy is the registered owner of...more

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

Tennessee Waste Reduction Recycling Act: Legislation Introduced Establishing Producer Responsibility Requirements

The Tennessee Waste Reduction and Recycling Act (“Act”) has been introduced into the Tennessee General Assembly which would require sellers, distributors, and importers of certain packaging materials to take actions to reduce...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Chattanooga...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Techniques Surfaces, USA, Inc. (“TS”) addressing alleged violations of the Tennessee hazardous...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Guild Marina Enter into Settlement Agreement

The Tennessee Department of Environment & Conservation (“TDEC”) and Dam Marina, Inc. (“DMI”) entered into a December 14th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Chattanooga Solid Waste...

The Tennessee Department of Environment and Conversation and BFI Waste Services, LLC (“BFI”) entered into a December 11th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

Holland & Knight LLP

New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

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New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more

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