News & Analysis as of

Enforcement Actions Stormwater Discharge Permits

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,...

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,...

Water Enforcement: Alabama Department of Environmental Management and Fayette County Sand & Gravel Mining Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Alabama Sand and Gravel, Inc. (“West Alabama”) entered into a December 7th Consent Order (“CO”) addressing alleged violations of regulations addressing...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

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

Construction/Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Moses Plumbing, LLC (“Moses”) entered into a January 11th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Crittenden/Crawford...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and USA Truck, Inc. (“USA”) entered into a November 24th Consent Administrative Order (“CAO”) addressing alleged violation of an...more

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Storm Water Enforcement: Mississippi Commission on Environmental Quality and Oktibbeha County Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dewberry Sawmill (“Dewberry”) entered into an October 19th Agreed Order (“AO”) addressing alleged violations of a Mississippi Baseline Storm Water General NPDES...more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and JM Trucking & Trailer Leasing, LLC, (“JM”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Contractor of Mobile County, Alabama Commercial...

The Alabama Department of Environmental Management (“ADEM”) and Copart, Inc., (“Copart”) entered into a November 20th Consent Order (“CO”) addressing alleged violations of a National Pollution Discharge Elimination System...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment (Division of Environmental Quality) and Little River County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Williamson Rock Hauling LLC (“Williamson”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment (Division of Environmental Quality) and Fayetteville,...

The Arkansas Department of Energy and Environment, Division of Environmental Quality (“DEQ”) and MMSC, LLC, d/b/a Heritage Farms (“Heritage”) entered into an October 9th Consent Administrative Order (“CAO”) addressing alleged...more

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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,...

Stormwater Enforcement: Tennessee Department of Environment and Conservation Director's Order/Assessment Addressing Adamsville,...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 21st Director’s Order and Assessment (“Order”) to Gambrell Hickory Mill, LLC (“GHM”). The Order addresses a special products saw mill...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas Construction Site Operator Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Heritage Homes and Development of Central Arkansas, Inc. (“Heritage”) entered into a June 21st Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Water Enforcement: U.S. Environmental Protection Agency and Goshen, New York Transfer Station Operator Enter Into Consent...

The United States Environmental Protection Agency (“EPA”) and IWS Transfer Systems of NY, Inc. (“IWS”) entered into a Consent Agreement and final Order (“CA”) addressing alleged violations of a Clean Water Act Multi-Sector...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Fairhope, Alabama Salvage/Recycling Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and LA Recycling Services, LLC (“LA”) entered into a March 10th Consent Order (“CO”) addressing alleged violations related to a general stormwater permit and...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and Washington County, Arkansas, Construction Site Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Blue Springs Holding Company, LLC (“BSHC”) entered into a December 31st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

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

Land Application/Water Enforcement: Arkansas Department of Environmental Quality and Miller County, Arkansas Facility Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jiles Clay Smith d/b/a S & S Farms (“S & S”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a No-Discharge Water...more

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

Sanitary Sewer Overflow/Clean Water Act Enforcement: Arkansas Department of Environmental Quality and Polk County, Arkansas...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mena, Arkansas (“Mena”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and White County, Arkansas, Solid Waste Transfer Station...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Searcy (“City”) entered into a May 24th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and Lee County, Arkansas Retail Motor Fuel Facility Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and MAPCO Express, Inc., (“MEI”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged Clean Water Act National Pollution Discharge...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

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

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Jackson County, Mississippi Solid Waste Management...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more

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