News & Analysis as of

Notice of Violation

Alston & Bird

California Requests Information for Potential Listing of p,p’-bisphenol Chemicals Under Prop. 65

Alston & Bird on

There’s more to the bisphenol family of chemicals than the well-known BPA and BPS. Our Environment, Land Use & Natural Resources Group examines a California initiative to classify all p,p’-bisphenol chemicals as causing...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Kyles Ford Electric Cooperative...

The Tennessee Air Pollution Control Board issued on October 21st a Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Powell Valley Electric Cooperative (“PVEC”) addressing alleged violations of...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ September 2025

A national wireless provider entered into a Consent Decree with the FCC’s Enforcement Bureau for marketing a smartphone in the United States prior to receiving equipment authorization for it from the Commission.  The phone...more

ArentFox Schiff

California Finally Proposes a Prop 65 Cancer Safe Harbor Level for Diethanolamine

ArentFox Schiff on

On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65 no-significant-risk level (NSRL) for diethanolamine (DEA), first listed for cancer...more

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

Safe Drinking Water Act Enforcement: Missouri Department of Natural Resources and Saint Genevieve Noncommunity Public Water System...

The Missouri Department of Natural Resources (“MDNR”) and Charleville, LLC (“Charleville”) entered into a July 14th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Safe Drinking Water Act...more

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

U.S. Environmental Protection Agency Complaint/Notice of Opportunity for Hearing Addressing Kapolei, Hawaii Waste Recycling...

The United States Environmental Protection Agency (“EPA”) filed a Complaint and Notice of Opportunity for Hearing (“Complaint”) against Unitek Solvent Services, Inc. (“Unitek”) on August 6th alleging violations of the Hawaii...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 19th Director’s Order and Assessment (“Order”) to Dry Clean Super Center (“DCSC”) addressing alleged violations of the Tennessee Hazardous Waste...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ April 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

ArentFox Schiff

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements

ArentFox Schiff on

On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements....more

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

Air Enforcement: Alabama Department of Environmental Management and Chambers County Strandboard Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Fraser US EWP LLC (“West Fraser”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No....more

Arnall Golden Gregory LLP

It Cuts You Up: OPDP Issues an NOV to a Dermatologic Drug Company

Peter Murphy’s 1989 single, “Cuts You Up,” came to mind when we read FDA’s Office of Prescription Drug Promotion’s (“OPDP”) latest Notice of Violation....more

Gardner Law

Responding to Letters from FDA

Gardner Law on

There are several forms of communications FDA may send to signify an issue. FDA may send a company a notice of a violation in the form of a Warning Letter, an Untitled Letter, or an “It Has Come to Our Attention” Letter. Any...more

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

Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue

The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...more

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

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Savannah...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed September 20th Director’s Order and Assessment (“Order”) addressing Tennessee River Investors (“TRI”) alleging violation of the Tennessee...more

Arnall Golden Gregory LLP

Rock You Like a Migraine: OPDP Issues Notice of Violation for Misleading Representations in TV Ad That Promoted Popular Migraine...

In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company...more

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

Air Enforcement: Alabama Department of Environmental Management and Baldwin County Secondary Aluminum Recycling Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Ecovery, LLC (“Ecovery”) entered into an August 7th Consent Order (“CO”) addressing an alleged violation of an Air Permit. The CO provides that Ecovery...more

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

Air Enforcement: U.S. and Medford, New York Metal Shredding Facility Enter into Consent Judgment

The United States Department of Justice on behalf of the United States Environmental Protection Agency (“EPA”) and Gershow Recycling Corporation (“GRC”) entered into an August 20th Consent Judgment (“CJ”) addressing alleged...more

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

Safe Drinking Water Act Enforcement: Missouri Department of Natural Resources Administrative Order on Consent Addressing St....

The Missouri Department of Natural Resources (“MDNR”) issued an August 8th Administrative Order on Consent (“AOC”) to Gemini Marine, LLC d/b/a Polestar Marina (“Polestar”) addressing alleged violations of the regulations...more

Arnall Golden Gregory LLP

Here We Go Again; FDA’s Back in Town Again: OPDP Issues a Second Notice of Violation in Less Than a Month

Much like how Ray Charles lamented in 1967, the pharmaceutical industry is saying, “Here we go again, she’s back in town again,” as the Food and Drug Administration issued its second Notice of Violation in a month. Last week,...more

Proskauer - Government Contractor Compliance...

OFCCP Issues Directive Updating Expedited Conciliation Procedures

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more

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

Water Well Drillers' Act Enforcement: Missouri Department of Natural Resources Proposed Order Addressing Leopold Company

The Missouri Department of Natural Resources (“MDNR”) issued an Order of Suspension of Permit (“Order”) to Welker Pump Service (“Welker”). See Order No. WIS-2024-006. The Order provides that Welker is the responsible...more

DCI Consulting

OFCCP Released New Procedures for Expedited Conciliation

DCI Consulting on

On July 26th, OFCCP issued Directive 2024-01, which outlines new procedures for expedited conciliation, with the option to enter into an Expedited Resolution Conciliation Agreement (ERCA). Through the expedited conciliation...more

Arnall Golden Gregory LLP

Can’t Hardly Wait: OPDP Issues a Notice of Violation Where Risk Information Was Not Provided Adequately

In 1987, the influential garage rock band, The Replacements, led by Paul Westerberg, sang, “I can’t hardly wait.” Years later, the Food and Drug Administration issued a Notice of Violation — the second this year — to a...more

Robinson+Cole Environmental Law +

EPA Notice of Violation Letters Phishing Scam

On July 30, 2024, the U.S. EPA Office of Inspector General issued a fraud alert to bring attention to an increasing number of companies reporting that they have received fraudulent EPA Notice of Violation letters demanding...more

Troutman Pepper Locke

US EPA Warns of Fraudulent NOVs

Troutman Pepper Locke on

Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)....more

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