News & Analysis as of

Notice of Intent NPDES

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Tripp Property Clearing (“TPC”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Baltimore, Maryland, Scrap Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Berg Brothers Recycling, Inc. (“Berg Brothers”) entered into a January 31st Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act stormwater...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and East End Holdings, LLC (“East End”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged...more

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Stormwater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Countryside Land & Cattle Co., LLC (“Countryside”) entered into a November 21st Consent Administrative Order (“CAO”) addressing...more

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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

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Stormwater Enforcement: Alabama Department of Environmental Management and a Chilton County Racetrack Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Buckshot Speedway, LLC, (“Buckshot”) entered into an August 11th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code encompassing...more

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

The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Oaks Storage LLC (“White Oaks”) entered into a March 3rd Consent Administrative Order (“CAO”) addressing alleged violations...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

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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

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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

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Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Concrete Pipe Manufacturer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Concrete Pipe and Precast, LLC (“CPP”) entered into a September 2nd Consent Agreement (“CA”) addressing alleged violations under Clean Water Act stormwater...more

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Stormwater/Wastewater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Eaton-Moery Environmental Services, Inc. (“Eaton”) entered into a May 20th Consent Administrative Order (“CAO”) addressing...more

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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

Buchalter

General Permit for Winery Process Water Discharge Issued

Buchalter on

The State Water Resources Control Board (“SWRCB”) approved the much-debated General Waste Discharge Requirements for Winery Process Water (“Winery Order”) on January 20, 2021. Although the official version of the approved...more

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Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and McCrory...

Worldwide Labeling & Packaging, LLC (“Worldwide”) and the Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) entered into a January 27th Consent Administrative Order (“CAO”) addressing...more

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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,...

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Jonesboro Sand and...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hedger Operating Company, LLC (“Hedger”) entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged...more

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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

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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

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Independence County,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and JM Trucking & Trailer Leasing, LLC, (“JM”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment (Division of Environmental Quality) and Little River County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Williamson Rock Hauling LLC (“Williamson”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged...more

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Clean Water Act Enforcement: Illinois Attorney General Sues Trump International Hotel & Tower (Chicago, Illinois) for Alleged...

The Illinois Attorney General (“AG”) filed a Complaint for Injunctive Relief and Civil Penalties (“Complaint”) in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...more

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

State Fish Hatchery/Clean Water Act Enforcement: Conservation Law Foundation Notice of Intent to Sue New Hampshire Fish and Game...

The Conservation Law Foundation (“CLF”) sent an August 2nd document to the New Hampshire Fish and Game Department and others (collectively “NH Department”) titled: Notice of Violations and Intent to File Suit under the...more

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

Citizen Suit Enforcement/Clean Water Act: Sierra Club Notice of Intent to Sue Trump International Hotel & Tower (Chicago) for...

The Illinois Chapter of the Sierra Club and Friends of the Chicago River (collectively “Sierra Club”) sent a June 14th Clean Water Act Notice of Intent to Sue Trump International Hotel & Tower (“Trump International”) for...more

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