News & Analysis as of

Environmental Protection Agency (EPA) Settlement Agreements Clean Water Act

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and New Haven, Connecticut, Biofuels Producer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and American GreenFuels, LLC (“AGF”) entered into a February 23rd Expedited Settlement Agreement (“ESA”) addressing addressed violations of the Clean Water Act Oil...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Skiatook, Oklahoma, Municipal Airport Enter into...

The United States Environmental Protection Agency (“EPA”) and the City of Skiatook, Oklahoma (“Skiatook”), entered into a June 8th Expedited Spill Prevention Control and Countermeasure (“SPCC”) Settlement Agreement...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Payne County, Oklahoma, Tank Battery Enter into...

The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”)...more

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

Sewage Sludge/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Liberty, Missouri, Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and the City of Liberty, Missouri, (“Liberty”) entered into a July 12th Expedited Settlement Agreement (“ESA”) addressing an alleged Clean Water Act (“CWA”) violation....more

Saul Ewing LLP

Supreme Court Holds That CERCLA Contribution Claims Are Triggered by Resolution of Express CERCLA Liability

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This week the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), and held that contribution claims under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

Williams Mullen on

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tank Battery Operator Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Gary Davis Oil, LLC, (“GDO”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Ashland, Virginia Facility Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and HPT TA Properties Trust (“HPT”) entered into an August 6th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Oil Pollution Prevention...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Walpole, Massachusetts Development Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Wall Street Development Corporation (“Wall Street”) entered into a November 27th Expedited Settlement Agreement (“ESA”) to address alleged violations of certain...more

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

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Holland & Knight LLP

Recent Changes Expected to Impact Environmental Enforcement

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• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

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