News & Analysis as of

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

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

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

Drum Reconditioning Facility/RCRA/Clean Air Act: U.S. District Court (Wisconsin) Approves Entry of Consent Decree

The United States District Court (Eastern District Wisconsin) (“Court”) addressed in a July 27th Order a request by the United States Department of Justice (“DOJ”) acting on behalf of the United States Environmental...more

Williams Mullen

Environmental Notes - April 2023

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EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Oklahoma City Used Oil Recycler Enter into Settlement...

The United States Environmental Protection Agency (“EPA”) issued an October 7th news release stating that it entered into a Settlement (“Settlement”)with January Environmental Services, Inc., (“JES”) January Transport, Inc.,...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency/Louisiana Department of Environmental Quality and Operator of...

The United States Department of Justice (“DOJ”) on behalf of the Environmental Protection Agency (“EPA”) and the Louisiana Department of Environmental Quality (“LDEQ”) entered into a Consent Decree (“CD”) with PCS Nitrogen...more

Morgan Lewis

EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work

Morgan Lewis on

The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in...more

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

Citizen Suit Enforcement/RCRA Remediation: Federal Appellate Court Addresses Imminent/Endangerment Question

The United States Court of Appeals for the Seventh Circuit (“7th Circuit”) addressed in an August 16th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Schmucker v....more

Beveridge & Diamond PC

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

Beveridge & Diamond PC on

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more

Vinson & Elkins LLP

EPA Announces Plans To Strengthen Environmental Justice Efforts Regarding Waste And Superfund

Vinson & Elkins LLP on

For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more

Snell & Wilmer

Environmental Justice: A Focus in Criminal Enforcement

Snell & Wilmer on

The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice...more

The Volkov Law Group

Environmental Crime Enforcement: Button Up for an Increase in Criminal Investigations and Compliance Demands

The Volkov Law Group on

The Biden Administration has a number of enforcement priorities.  While not listed as a primary objective, the Justice Department and the EPA can be expected to increase criminal enforcement of environmental laws....more

Bergeson & Campbell, P.C.

Monsanto Agrees to Plead Guilty to Illegal Use of Methyl Parathion and to Pay $10.2 million in Penalties and Restitution, Thereby...

On November 21, 2019, the U.S. Department of Justice announced a settlement with Monsanto Company (Monsanto) in which Monsanto agreed to plead guilty to a misdemeanor count of illegally using the pesticide Penncap-M, a methyl...more

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

Criminal Enforcement/ RCRA: US Department of Justice Announces Sentencing of Madison Heights, Michigan Plating Company/ Owner

The United States Department of Justice (“DOJ”) Issued on November 6th a press release announcing the sentencing of Electro- Plating Services Inc (“EPS”) and its owner Gary Sayers for alleged violations of the Resources...more

Holland & Knight LLP

Issue Spotlight: Proper Hazardous Waste Storage and Disposal at Healthcare Facilities

Holland & Knight LLP on

With all of the regulatory obligations that hospitals and other healthcare facilities need to comply with, it might be easy to overlook an environmental law that can lead to significant trouble. Hospitals may find themselves...more

BakerHostetler

New Tax Law Will Shape Future Environmental Settlements

BakerHostetler on

A minor provision concerning deductibility in Public Law 115-97, commonly known as the Tax Cuts and Jobs Act (Act), may have significant impacts on administrative and judicial settlements between companies and the U.S....more

Davis Wright Tremaine LLP

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

K&L Gates LLP

An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA’s Federal Permit Shield

K&L Gates LLP on

A case recently argued before the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., 9th Cir., No. 15-35228, could pave the way for a new theory of liability for parties who release air emissions during the course of...more

Williams Mullen

Environmental Notes - May 2016

Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

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