News & Analysis as of

Environmental Protection Agency (EPA) Department of Justice (DOJ) Environmental Violations

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

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There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

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Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

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

Air/FIFRA/TSCA Enforcement: United States Department of Justice Complaint Filed in Federal Court Against eBay, Inc. for Alleged...

The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...more

Allen Matkins

California Environmental Law & Policy Update 9.29.23

Allen Matkins on

Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

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

U.S. Environmental Protection Agency Criminal Enforcement: Public Employees for Environmental Responsibility Report

The organization Public Employees for Environmental Responsibility (“PEER”) issued a report addressing criminal prosecution of United States environmental laws. The report was issued pursuant to a July 13th news release...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.s. Environmental Protection Agency: Joint...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Oberheiden P.C.

DOJ Announces Launch of Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force

Oberheiden P.C. on

On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...more

Jenner & Block

Getting Ahead of Advancing Earth-Observing Satellite Capabilities

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The regulated community should be considering how Earth-observing satellites may enhance regulators’ and non-governmental organizations’ (NGOs’) ability to detect, measure, and monitor pollution. According to the Land Remote...more

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

Environmental Criminal Enforcement: Columbia, Kentucky, Individual Pleads Guilty to Negligent Violation of the Clean Water Act

The United States Department of Justice (“DOJ”) issued a November 28th news release stating that Joshua M. Franklin has pleaded guilty to a negligent violation of the Clean Water Act. The charge is stated to stem from an...more

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

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Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

Maron Marvel

Department of Justice Revives SEPs as Part of Environmental Justice Enforcement Strategy Roll Out

Maron Marvel on

In recent days, the U.S. Department of Justice (DOJ) has made a series of announcements aimed at addressing environmental justice concerns and enforcement practices. The actions taken by DOJ include the establishment of the...more

Wiley Rein LLP

The Return of the Supplemental Environmental Project

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On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more

Hinshaw & Culbertson - Insights for Insurers

DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide

The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more

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

Environmental Criminal Enforcement/Clean Water Act: Adair County, Kentucky, Oil Lease Tank Battery Operator Indicted for Alleged...

The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more

Wiley Rein LLP

The Current and Future Landscapes of EPA Criminal and Civil Enforcement

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In this episode of Green Earth White Collar, Wiley Associates Grace Mahan and Holly Wilson discuss the trends they’ve seen in EPA criminal and civil enforcement over the last year and share their predictions for EPA...more

Vinson & Elkins LLP

[Webinar] Navigating Environmental Enforcement in the Biden Administration - March 10th, 12:00 pm - 1:00 pm CT

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While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Wiley Rein LLP

In EPA Civil Enforcement, Supplemental Environmental Projects Back on the Table

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On Friday, U.S. Department of Justice’s Environment and Natural Resources Division withdrew nine memoranda and policy documents issued by the previous administration related to environmental enforcement. Among those were...more

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

Air Enforcement: U.S. Environmental Protection Agency and North Salt Lake, Utah, Medical Waste Incinerator Operator Enter into...

The United States Department of Justice, on behalf of the United States Environmental Protection Agency, and Stericycle Inc. (“Stericycle”) entered into a January 29th Consent Decree (“CD”) addressing alleged violations of...more

Vinson & Elkins LLP

EPA Announces Results For FY 2020, Foreshadowing Increased Enforcement Under The Biden EPA

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On January 13, 2021, the Environmental Protection Agency (“the EPA”) announced its enforcement results for fiscal year (“FY”) 2020. The results show that the EPA had a steady year for civil enforcement resolutions and opened...more

Skadden, Arps, Slate, Meagher & Flom LLP

The State of Congressional Investigations in 2021

Democrats retained control of the House in November 2020, though the party enjoys a notably smaller majority after losing several seats to Republicans. Additionally, after Democrats prevailed in both runoff elections in...more

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