News & Analysis as of

Environmental Violations

Blake, Cassels & Graydon LLP

Court of Appeal Confirms Director and Officer Liability for Environmental Offences Does Not Require Knowledge of the Offence

On February 26, 2026, the British Columbia Court of Appeal released its unanimous decision in R. v. Mossman, confirming that corporate directors and officers can be held personally liable for environmental offences without...more

Verrill

Damned if You Do, Damned if You Don’t – Avoiding Parent Corporation Liability for Environmental Violations at Subsidiary...

Verrill on

In United States v. EES Coke Battery LLC, the United States District Court for the Eastern District of Michigan found three parent corporations liable for a total of $120,000,000 in penalties and other damages for violations...more

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

Stormwater Enforcement: Tennessee Department of Environment and Conservation Order/Assessment Addressing Evansville Ready Mix...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 17th Director’s Order and Assessment (“Order”) to Morgan Ready Mix LLC (“Morgan”) addressing alleged violation of failure to obtain coverage...more

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

Air Enforcement: Arkansas Department of Energy and Environment -Division of Environmental Quality and Bono Petroleum Storage Tank...

The Arkansas Department of Energy and Environment -Division of Environmental Quality (“ADEQ”) and Murphy Oil USA, Inc. (“Murphy Oil”) entered into a December 9th Consent Administrative Order (“CAO”) addressing a violation of...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Proposed Order/Civil Penalty Addressing Pavement...

The Tennessee Air Pollution Control Board (“Board”) issued a February 2nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Volunteer Paving LLC (“VP”) addressing an alleged violation of an Air Permit....more

Thompson Coburn LLP

[Webinar] Checklist for Counsel Preparing to Mediate an Environmental Dispute - March 24th, 12:00 pm - 1:00 pm CT

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This webinar is designed to assist attorneys who are getting ready to participate in a mediation involving an environmental dispute. It is designed, in essence, as a checklist of topics to consider and analyze in advance of...more

Lowenstein Sandler LLP

Parent Companies Providing Management Services to Subsidiary Held Liable as Facility ‘Operator’ Under the Clean Air Act

On Feb. 17, the Eastern District of Michigan held, after a bench trial, that indirect parent companies of EES Coke Battery LLC (EES Coke) are strictly liable as 'operators' for Clean Air Act violations at EES Coke’s facility....more

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

Solid Waste Enforcement: Louisiana Department of Environmental Quality and Concordia Parish Oil and Gas Exploration/Production...

The Louisiana Department of Environmental Quality (“LDEQ”) and White River Operating LLC (“WR”) entered into a Settlement Agreement (“SA”) addressing alleged violations of the Louisiana Solid Waste Regulations. See...more

Allen Matkins

California Environmental Law & Policy Update 2.27.26

Allen Matkins on

The Department of Interior (DOI), which is in charge of the nation’s public lands and waters, has completed a major scaling back of its environmental regulations under the National Environmental Policy Act (NEPA)....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Graphite...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Mid-Continent Coal and Coke Company (“MC”) entered into a February 19th Consent Administrative Orrder (“CAO”) addressing an...more

Butler Snow LLP

EPA’s “Compliance First” Orientation Offers Opportunity for Regulated Entities to Obtain Significant Penalty Relief for Voluntary...

Butler Snow LLP on

On December 5, 2025, the Acting Assistant Administrator of the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance issued a memorandum to enforcement and compliance assurance staff...more

Cozen O'Connor

The State AG Report – 02.19.2026

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Oklahoma AG Drummond Reaches $25 Million Poultry Pollution...more

ArentFox Schiff

Takeaways From Michigan Decision Imposing Over $120 Million in Clean Air Act Penalties Against Coke Plant Parent

ArentFox Schiff on

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others....more

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

Stormwater Construction Enforcement: Alabama Department of Environmental Management and Baldwin County Construction Project...

The Alabama Department of Environmental Management and Waverly Construction of Alabama LLC (“WC”) entered into a January 8th Special Order by Consent (“Order”) addressing alleged violations of an Alabama Construction...more

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

Air Enforcement: U.S. Environmental Protection Agency and La Crosse, Wisconsin Plastic Composites Manufacturing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and FiberPro, Inc. (“FI”) entered into a January 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Air Act Title V Permit. See...more

Cozen O'Connor

Texas Attorney General Gets Winded over Wind Turbine Waste Sites

Cozen O'Connor on

Texas AG Ken Paxton filed a lawsuit against Global Fiberglass Solutions, Inc. and several affiliates (collectively, “Global”) for allegedly violating the Texas Solid Waste Disposal Act and an administrative order by...more

Blake, Cassels & Graydon LLP

Environmental Enforcement Trends: Higher Penalties and Prosecutorial Focus on PFAS

Both in Canada and internationally, there has been increased regulatory focus on per- and polyfluoroalkyl substances (PFAS) due to their persistence in the environment and concerns regarding their health and ecological...more

ArentFox Schiff

How EPA’s Audit Policy Can Benefit Compliance Focused Businesses

ArentFox Schiff on

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities....more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and the City of Garland, Arkansas (“Garland”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged...more

Bergeson & Campbell, P.C.

Canada Fines Cosmetics Company for Violating CEPA, Including Failing to Submit a Significant New Activity Notification

Environment and Climate Change Canada (ECCC) announced on February 2, 2026, that it fined Estee Lauder Cosmetics Ltd. $750,000 for two violations of the Canadian Environmental Protection Act, 1999 (CEPA)....more

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

Solid Waste Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Landfill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and BFI Waste Systems of Mississippi, LLC (“BFI”) entered into a January 12th Agreed Order (“AO”) addressing alleged violations of a solid waste permit. See Order...more

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

Waste Tire Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality Notice of Violation...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) issued a January 20th Notice of Violation (“NOV”) to Jefferson County Waste Tire Processing Facility (“Jefferson County”)...more

Jones Day

Industrial Emissions Directive 2.0: Mandatory EMS, Stricter Limits, Materially Higher Sanction and Liability Risks

Jones Day on

On January 21, 2026, the German Federal Cabinet adopted a draft bill to implement the EU’s revised Industrial Emissions Directive (Directive (EU) 2024/1785, “IED 2.0”), marking a major step toward stricter environmental...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Blythe, California Solar Power Station Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Genesis Solar, LLC (“GS”) entered into a January 12th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Resource Conservation and...more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 18, 2025, Proposed Order and Assessment (“Order”) to Mountain States Health Alliance (“MS”) addressing alleged violations of the Tennessee...more

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