News & Analysis as of

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

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

Recycling and Emissions Reduction Rule/Air Enforcement: U.S. Department of Justice and New York City Supermarket Operator Enter...

The United States Department of Justice (“DOJ”) on behalf of the U.S. Environmental Protection Agency (“EPA”) entered into a July 1st Consent Decree (“CD”) with Gristede’s Foods NY, Inc. (“GFNI”) addressing alleged violations...more

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

Stormwater Enforcement: United States/Alabama/Illinois and Solar Energy Construction Firm Enter into Consent Decree

The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more

ArentFox Schiff

Environmental Justice Update: DOJ Releases Inaugural EJ Enforcement Strategy Report

ArentFox Schiff on

The Comprehensive Environmental Justice Enforcement Strategy Annual Report builds on the DOJ’s creation of its Office of Environmental Justice within the DOJ’s Environment and Natural Resources Division (ENRD), which has...more

Holland & Hart LLP

EPA Doubles Down on Enforcement to Address Climate Change

Holland & Hart LLP on

In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

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

Roetzel & Andress

Biden Administration Changes to Enforcement Policies

Roetzel & Andress on

This year, the Biden Administration has ushered in changes to enforcement guidance and policy, including criminal self-disclosures and deference to State regulators. In addition, the Administration has further bolstered its...more

Vinson & Elkins LLP

Environmental Justice 2022 Year-End Review

Vinson & Elkins LLP on

Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...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,...

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,...

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

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

Environmental Criminal Enforcement/Clean Air Act: Dalles, Oregon, Aluminum Processing Facility Charged with Negligent Endangerment

The United States Attorney’s Office for the District of Oregon (“Department of Justice [“DOJ”]) issued an August 24th news release stating that Hydro Extrusion USA (“Hydro”) had been charged with negligent endangerment under...more

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

Environmental Protection Agency Handling of Criminal Discovery: U.S. EPA Office of Inspector General Notification of Evaluation

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an August 15th Notification of Evaluation (“NOE”) whose subject is titled: The EPA’s Handling of Criminal Discovery...more

Venable LLP

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Venable LLP on

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

Vinson & Elkins LLP

DOJ’s Environmental Justice Enforcement Strategy and Restoration of Settlement Projects: 5 Things You Should Know

Vinson & Elkins LLP on

The Department of Justice (“DOJ”) issued a Comprehensive Environmental Justice Enforcement Strategy (“the Strategy”) on May 5, 2022, pursuant to President Biden’s January 2021 Executive Order on Tackling the Climate Crisis at...more

WilmerHale

Justice Department Launches Actions to Advance Environmental Justice

WilmerHale on

Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more

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

Environmental Justice: U.S. Department of Justice Announces Comprehensive Enforcement Strategy

The United States Department of Justice (“DOJ”) announced what Attorney General Garland described as a: . . . new comprehensive environmental justice enforcement strategy to guide the Justice Department’s work and issued...more

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

Refrigerant Recovery Management Program/Air Enforcement: U.S. Department of Justice and Scrap Recycling Company Enter into Consent...

The United States Department of Justice (“DOJ”) entered into a Consent Decree (“CD”) on behalf of the United States with Schnitzer Steel Industries, Inc. (“Schnitzer”) addressing alleged violations of the Clean Air Act and...more

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

Asbestos/Criminal Enforcement: U.S. Department of Justice News Release Announces Sentencing of Asbestos Project Monitor and...

The United States Department of Justice issued a December 1st news release referencing the sentencing of Kristofer Landell (“Landell”) and Stephanie Laskin (“Laskin”) for allegedly conspiring to violate Clean Air Act...more

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

Air Enforcement: United States Department of Justice/State of Michigan and Northville, Michigan, Landfill Gas-to-Energy Facility...

The United States Department of Justice (“DOJ”) on behalf of the United States Environmental Protection Agency and the State of Michigan entered into a September 9th Consent Decree (“CD”) with Arbor Hills Energy, LLC (“AHE”)...more

WilmerHale

The Biden-Harris Administration’s Environmental Justice Policy Agenda: What Companies Need to Know

WilmerHale on

In its first six months, the Biden Administration has taken tangible steps to advance environmental justice (EJ) across the federal government. The US Environmental Protection Agency (EPA) and Department of Justice (DOJ) have...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

Wiley Rein LLP

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

Wiley Rein LLP on

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

Williams Mullen

Environmental Notes - January 2021

Williams Mullen on

Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Williams Mullen

Environmental Notes - April 2019

Williams Mullen on

In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”). The regulations set an...more

King & Spalding

PHMSA Steps Up Review of Pipeline Construction

King & Spalding on

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

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