News & Analysis as of

Environmental Violations Permits

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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,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged...more

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Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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

Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...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,...

Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

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Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fort Smith Silica Product...

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

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

Hazardous Waste Enforcement: Louisiana Department of Environmental Quality and Hammond Hazardous Waste Storage Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and LEI, Inc. (“LEI”) entered into a Settlement Agreement (“SA”) addressed alleged violations of certain hazardous waste regulations. See SA-HE-23-0086....more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pine Bluff Rice Milling...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Western Foods Delta Region (“Western”) entered into a March 26th Consent Administrative Order (“CAO”) addressing alleged...more

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

Alabama Department of Environmental Management and Mobile County Steel Mill Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and SSAB Alabama Inc. (“SSAB”) entered into a January 24th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-xxx-CAP. ...more

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

Carbon Sequestration/Class VI Underground Injection: U.S. EPA Environmental Appeals Board Petition Challenging Two Indiana Permits

Four individuals filed a February 22nd document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review by Andrew Lenderman, Ben Lenderman, Floyd...more

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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

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Monticello Powdered Activated...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Envirapac Monticello, LLC (“EML”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged violations...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Huntsville Charcoal...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Royal Oak Enterprises, LLC (“Royal Oak”) entered into a December 11th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Louisiana Department of Environmental Quality and New Orleans Energy Provider Enter into Settlement Agreement

The Louisiana Department of Environmental Quality (“LDEQ”) and Brookfield District Energy (“Brookfield”) entered into a Settlement Agreement (“Agreement”) addressing alleged violations of an air permit. See SA-AE-230053. ...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Federal Bureau of Prisons...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Federal Bureau of Prisons (“FBOP”) entered into a November 16th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Assessment Addressing Mt. Pleasant Secondary...

The Tennessee Air Pollution Control Board (“Board”) issued a November 6th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Proposed Order”) to Tennessee Aluminum Processors, Inc. (“TAP”). TAP...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Stuttgart Agricultural...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Riceland Foods, Inc. (“Riceland”) entered into a November 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

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Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Huntsville Electronic...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Ducommun Labarge Technologies, Inc. (“DLT”) entered into a September 26th Consent Administrative Order (“CAO”) addressing an...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Magnolia Crude Oil Terminal...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Delek Logistics Operating, LLC, (“Delek”) entered into a September 15th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter...

The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit....more

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