News & Analysis as of

Environmental Protection Agency (EPA) Environmental Violations Enforcement Actions

Allen Matkins

California Environmental Law & Policy Update 8.23.24

Allen Matkins on

Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

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

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...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

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

Holland & Knight LLP on

A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Thousand Oaks, California Medical Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Los Robles Hospital Medical Center (“ Los Robles”) entered into a March 27th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Federal...more

Holland & Hart LLP

EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

Holland & Hart LLP on

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, ...more

Beveridge & Diamond PC

EPA Issues New Policy Calling for Closer Coordination Between Civil and Criminal Enforcement

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...more

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

Troutman Pepper on

California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

Robinson+Cole Environmental Law +

EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement

The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

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

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

Troutman Pepper on

On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Kohn, Kohn & Colapinto LLP

Using Whistleblower Laws to Hold Polluters Accountable

Global political and business leaders have purported ambitious climate-focused goals for the decades ahead, such as eliminating landfill waste by 2030, transitioning to 100% renewable energy use by 2035, and achieving...more

Troutman Pepper

Ohio AG Secures $16M Cleanup of Hazardous Glass

Troutman Pepper on

On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and...more

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

Holland & Hart LLP on

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

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sterling, Kansas, Oilfield Chemical Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and...more

Goldberg Segalla

New Sprawling EtO Litigations Mount as Our Pandemic-Shaken World Increasingly Relies on Commercial Sterilizers

Goldberg Segalla on

Right on the heels of the eye-popping $408 million settlement between a major commercial sterilizer and plaintiffs claiming injuries resulting from exposure to ethylene oxide (EtO) emitted from the company’s Illinois facility...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Frederick, Maryland, Training and Shooting Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Heritage Training and Shooting Center, LLC (“Heritage”) entered into a January 6th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the...more

Akin Gump Strauss Hauer & Feld LLP

EPA Seeks Comment on National Compliance and Enforcement Initiatives

As has been its tradition for nearly 25 years, the Environmental Protection Agency (“EPA”) announced that it is seeking public comment on its National Enforcement and Compliance Initiatives (“NECIs”) for fiscal years...more

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

Coal Combustion Residuals Enforcement: U.S. Environmental Protection Agency and Tecumseh, Kansas Power Plant Operator Enter into...

The United States Environmental Protection Agency (“EPA”) issued a November 9th news release stating that it had reached a Settlement with Evergy Kansas Central Inc. (“Evergy”) to address alleged violations of the Coal...more

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

Univ. of Tenn. v. Univ. of Alabama: Allan Gates (Mitchell Williams Law Firm) Asks - Will EPA Ignore a Flagrant Violation of the...

My law firm colleague, Allan Gates, drafted an October 24th post in the American College of Environmental Lawyers (“ACOEL”) blog titled: Will EPA Ignore a Flagrant Violation of the Clean Water Act?...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Birmingham Plastic Product Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Glasforms, Inc. (“Glasforms”) entered into a May 20th Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See Consent...more

Kilpatrick

First Circuit Court of Appeals Limits the Diligent Prosecution Bar to Clean Water Act Citizen Suits

Kilpatrick on

The Clean Water Act, like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation under the Clean...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (‘DEQ”) and City of Mountainburg, Arkansas, (“Mountainburg”) entered into a March 8th Consent Administrative Order (“CAO”) addressing alleged...more

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