News & Analysis as of

Notice of Intent Environmental Violations

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

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Citizen Suit Enforcement/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue Newburgh, Indiana, Aluminum...

The Environmental Integrity Project (“EIP”) on behalf of the Sierra Club sent a November 14th Notice of Intent to Sue (“NOI”) to Warrick Newco Operations (“Warrick”) alleging violations of the Clean Water Act. The NOI...more

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

Air/Citizen Suit Enforcement: Clean Air Council Notice of Intent to Sue Beaver County, Pennsylvania, Chemical Facility

The Clean Air Council and Environmental Integrity Project (collectively, “CAC”) sent a Clean Air Act Notice of Intent to Sue (“NOI”) on February 2nd to the Shell Oil Company addressing its Shell Polymers Monaca Site...more

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

Barrens Topminnow/Tennessee: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Alleged...

The Center for Biological Diversity (“CBD”) sent an August 15th Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service and Department of the Interior (collectively, “Service”) alleging violation of the...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pope County Gasoline Bulk...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Max Taylor Oil Company, Inc. (“MTOC”) entered into a July 6th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Construction/Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more

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

Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Construction Renovator...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Siff’s Custom Tile & Flooring Inc. (“Siff’s”) entered into an April 26th Consent Administrative Order (“CAO”) addressing alleged...more

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

Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Operator of North Little...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and American Structure Inc. (“ASI”) entered into a March 29th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

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

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper Notice of Intent to Sue Birmingham, Alabama, Metal Finishing...

Black Warrior Riverkeeper sent on March 22, 2022, a 60-day Notice of Intent to Sue (“NOI”) pursuant to the citizen suit provisions of the Clean Water Act to Kamtek Inc. (“Kamtek”) for alleged violations. Kamtek is stated...more

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

Endangered Species Act/Bullitt County (Kentucky) Transmission Pipeline: Center for Biological Diversity Notice of Intent to Sue...

The Center for Biological Diversity (“CBD”) and Kentucky Resources Council (collectively “CBD”) sent a 60-day Notice of Intent (“NOI”) to Sue the United States Fish and Wildlife Service (“Service”) and United States Army...more

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

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pope County Site...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Bryan House (“BH”) entered into an August 25th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Lonoke County Operator...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Central Arkansas Construction & Development, LLC (“CACD”) entered into an August 16th Consent Administrative Order (“CAO”)...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Star City Operator...

Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Moser Construction, LLC, (“Moser”) entered into a June 24th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Citizen Suit/Clean Water Act Enforcement: Environmental Integrity Project Notice of Intent to Sue York County, Pennsylvania, Food...

The Environmental Integrity Project (“EIP”) sent a June 29th Notice of Intent to Sue (“NOI”) to Hanover Foods Corporation (“HFC”) alleging violations of the federal Clean Water Act and Pennsylvania’s Clean Streams Law. ...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

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

Solid Waste/Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Little River County (“Little River”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing alleged...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs County...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Dennis Prince (“Prince”) entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and City of Grenada Airport Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Grenada, Mississippi, (“Grenada”) entered into a November 30th Agreed Order (“AO”) addressing an alleged violation of the Mississippi stormwater...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sherwood Facility...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and U.S. Pizza Co., Inc., (“U.S. Pizza”) entered into an October 29th Consent Administrative Order (“CAO”) addressing alleged...more

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

Air Enforcement: Arkansas Department of Energy and Environment – Division of Environmental Quality and Lincoln County Rock...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southeast Gravel Company, Inc., (“Southeast”) entered into an October 8th Consent Administrative Order (“CAO”) addressing an...more

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

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Related to DeKalb County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) addressing alleged Clean Water Act stormwater permitting violations by Sequatchie County Scrap...more

Nossaman LLP

Environmental Groups Allege Illegal Take of Sea Turtles by Florida Resorts

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A pair of non-profit organizations recently served a 60-day notice of intent (Notice) to file a citizen suit against Hilton Hotels, Bahia Mar Resorts, and the Suntex Marinas (collectively, the Resorts) under section 9 of the...more

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

Citizen Suit Action/Clean Water Act: Federal District Court Addresses Developers' Argument for Dismissal

The United States District Court for the Eastern District of Pennsylvania (“Court”) addressed in a June 15th memorandum issues arising out of a Clean Water Act (“CWA”) citizen suit (“Citizen Suit”) action. See Michael D. Moss...more

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