News & Analysis as of

Mining Wastewater

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

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

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

Common Law Trespass/Nuisance Action/Ripeness: U.S. District Court Addresses Application of Doctrine to Mining Expansion Contingent...

A United States District Court (E.D. California)(“Court”) addressed in a June 12th Memorandum and Order (“Memorandum”) an argument that certain claims for nuisance and trespass from federal common law were not ripe. See Buena...more

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

Stormwater/Wastewater Enforcement: Proposed Tennessee Department of Environment and Conservation Director's Order/Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th proposed Director’s Order and Assessment (“Order”) to Hommel Construction (“Hommel”) addressing alleged violations of a National...more

Fox Rothschild LLP

Gold King Mine: In It For The Long Haul

Fox Rothschild LLP on

The Gold King Mine was in the news this week – by way of a reminder, the Gold King Mine wastewater release occurred from an inactive Colorado gold mine near Silverton, Colorado, back in August of 2015 and the impacts were...more

Snell & Wilmer

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

Snell & Wilmer on

While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”)...more

Ward and Smith, P.A.

Municipalities, Farmers, and Manufacturers Targeted by EPA's New Enforcement Initiatives

Ward and Smith, P.A. on

Municipalities and those involved in animal feeding and food manufacturing operations take heed: heightened EPA scrutiny is coming your way!...more

Snell & Wilmer

New Mexico Files RCRA Notice of Intent to Sue EPA

Snell & Wilmer on

On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

King & Spalding

EPA Seeks Comment on National Enforcement Initiatives

King & Spalding on

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

Perkins Coie

The Animas Spill: EPA Liability and Insurance Coverage

Perkins Coie on

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

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