News & Analysis as of

Discharge of Pollutants Clean Water Act Enforcement Actions

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,...

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,...

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/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

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

Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Imboden, Arkansas, (“Imboden”) entered into a May 9th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hermitage Commercial...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Clanton Transport LLC (“Clanton”) entered into a June 9th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Columbia County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Albermarle Corporation-South Plant (“Albermarle”) entered into a March 8th Consent Administrative Order (“CAO”) addressing an...more

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

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

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

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

Wastewater Enforcement: Alabama Department of Environmental Management and Brookwood Coal Processing Facility Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and MRC-FG, LLC (“MRC”) entered into a November 15th Consent Order (“CO”) to address violations of a Clean Water Act National Pollution Discharge Elimination System...more

The Volkov Law Group

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

The Volkov Law Group on

In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

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

Clean Water Act/EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data: U.S. Government Accountability...

The United States Government Accountability Office (“GAO”) issued a July 2021 report titled: Clean Water Act – EPA Needs to Better Assess and Disclose Quality of Compliance and Enforcement Data (“Report”) - See...more

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

Wetlands/Clean Water Act Enforcement: Federal Court Considers Whether Cessation of Discharges Renders Action Moot

The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more

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

Wastewater Enforcement: Alabama Department of Environmental Management and Madison County Inorganic Chemical Plant Operator Enter...

The Alabama Department of Environmental Management (“ADEM”) and ISP Chemicals, LLC, (“ISP”) entered into an April 18th Consent Order (“CO”) addressing alleged violation of a Clean Water Act National Pollution Discharge...more

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

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

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

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

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Department of Parks, Heritage, and Tourism – State Parks Division (“Parks Division”) entered into a February 24th...more

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

Wastewater Enforcement: U.S. Environmental Protection Agency and Beverly, Ohio, Ferroalloy Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Globe Metallurgical, Inc. (“GMI”), entered into a December 20th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act...more

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

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

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

White & Case LLP

EPA Approves Texas NPDES Oil and Gas Program Authorization

White & Case LLP on

On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more

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

Criminal Enforcement/Clean Water Act: Industrial Wastewater Operator Pleads Guilty to Alleged Landfill Leachate Discharges

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

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Dermott (“Dermott”) entered into an October 14th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Criminal Enforcement/Clean Water Act: Leetsdale, Pennsylvania, Copper-Processing Company Charged for Alleged Violations

The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more

Holland & Knight LLP

MassDEP Seeks to Impose Its PFAS Monitoring Requirements in NPDES Permits

Holland & Knight LLP on

On July 14, 2020, the Massachusetts Department of Environmental Protection (MassDEP) issued a public notice regarding Shire Human Genetic Therapies' Cambridge facility's pollutant discharges to the Alewife Brook, along with a...more

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