News & Analysis as of

Department of Environmental Quality Enforcement Actions

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

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Al’s Truck Stop of Malvern, Inc. (“Al’s”) entered into an April 30th Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Rose Bud Natural Gas...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Orca Gathering Company, LLC (“Orca”) entered into an August 6th Consent Administrative Order (“CAO”) addressing an alleged...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

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

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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

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

Part III Section D, Condition 10 of the RGI NPDES permit requires the submission of a complete permit renewal application at least 180 days prior to the expiration date of the permit if the activity regulated by the permit is...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Lowell Police Department...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the Lowell, Arkansas Police Department (“Department”) entered into a Consent Administrative Order (“CAO”) addressing an alleged...more

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

Hazardous Waste Enforcement: Mississippi Commission on Environmental Quality and Belmont Recreational Vehicle Facility Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tiffin Motorhomes, Inc. (“Tiffin”) entered into an Agreed Order (“AO”) addressing alleged violations of the Mississippi Hazardous Waste Regulations. See Order...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Bentonville Sign...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and United Industries, Inc. (“United”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Natural Resources Damages/Oil Pollution Act Enforcement: United States/Arkansas Game and Fish Commission/Arkansas Department of...

The United States, Arkansas Game and Fish Commission (“AGFC”), and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) entered into a Consent Decree with ExxonMobil Pipeline Company, LLC...more

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

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

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

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

Storm Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Dewitt Cryptocurrency...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more

Foley Hoag LLP - Environmental Law

Update on RGGI in Pennsylvania

In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Isola Catfish Processing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Consolidated Catfish Companies, LLC (“CCC”) entered into a December 18th Agreed Order addressing an alleged violation of a Clean Water Act National Pollutant...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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

Industrial Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and TD Granite & Marble (“TD”) entered into a February 21st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Railcar Repair...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and UTC Railcar Repair Services, LLC (“UTC”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing alleged...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Morrilton, Arkansas, (“Morrilton”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and East End Holdings, LLC (“East End”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Beebe Enter Into...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Beebe, Arkansas, (“Beebe”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway Fabrication/Painting...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and DBG Conway (“DBG”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of an air...more

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