News & Analysis as of

Discharge of Pollutants

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

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

U.S. Environmental Protection Agency Administrator E. Scott Pruitt Addresses Consent Decrees/Settlement Agreements: October 16th...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement...more

Stormwater/Construction Enforcement: Arkansas Department of Environmental Quality and Faulkner County Developer Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tri.Con.Builders, Inc. (“TCBI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of a National Pollution Discharge...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

Challenge to NPDES Permit Conditions: Union County, Arkansas Chemical Manufacturing Facility Request for Adjudicatory Hearing...

El Dorado Chemical Company (“EDCC”) filed a September 27th Request for Adjudicatory Hearing before the Arkansas Pollution Control and Ecology Commission. The request addresses a Clean Water Act National Pollution Discharge...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Clean Water Act Jurisdiction/Groundwater: National Association of Clean Water Agencies Amicus Brief

The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Effluent Limitations Guidelines/Clean Water Act: U.S. Environmental Protection Agency Postpones Compliance Dates for Steam...

The United States Environmental Protection Agency (“EPA”) released a prepublication version of a final rule to be published in the Federal Register that postpones certain compliance dates for Clean Water Act effluent...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County School Districts Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jessieville School District and Fountain Lake School District (collectively, “District”) entered into an August 30th Consent Administrative Order (“CAO”)...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Not for Bermuda Only—"Bermuda Form" Pollution Insurance for Hurricanes Harvey and Irma

by Jones Day on

If your company has insurance under the so-called "Bermuda Form" of liability insurance, it might have coverage for property damage or personal injury that otherwise might be excluded by a pollution exclusion. But prompt...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Dry Cleaner Who Contaminated Neighbour’s Property Ordered To Pay Significant Damages

In Huang v. Fraser Hillary’s Limited the plaintiff, a property owner, brought an action against his neighbour, Fraser Hillary’s Limited (“FHL”), a dry cleaning business, and David Hillary (“Hillary”) the owner of a...more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

CWA Citizen Suit Dismissed Where Plaintiffs Failed to Allege “Conveyance of Pollutants Into Navigable Waters

On April 20, the U.S. District Court for the District of South Carolina, Anderson Division, dismissed the plaintiffs’ Clean Water Act (CWA) Citizen Suit which alleged that the defendant pipeline operators had violated the CWA...more

Oregon Federal Court Decides Carbon Monoxide Incident Is Excluded by Pollution Exclusion

by Selman Breitman LLP on

The United States District Court for the District of Oregon has determined that carbon monoxide from a natural gas swimming pool heater is a pollutant within the meaning of a commercial general liability insurance policy....more

Lessons in Administering a Master Service Agreement

by Gray Reed & McGraw on

Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance...more

Award for Nuisance From Gas Wells Squelched

by Gray Reed & McGraw on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

What Might Be Ahead for Environmental Regulation in the Trump Administration?

by Burr & Forman on

By almost every account, the Trump Administration is likely to alter substantially the environmental regulatory landscape. Actions have already been taken to delay the implementation of regulations as well as initiating...more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction...more

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

by Thompson Coburn LLP on

Can a discharger violate a general narrative state water quality standard incorporated into its national pollutant discharge elimination system (“NPDES”) permit when the permit does not contain specific numeric effluent...more

160 Results
|
View per page
Page: of 7
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.