News & Analysis as of

Notice of Violation Enforcement Actions

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,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Saraland Commercial Truck Wash Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Qualawash Holdings, LLC (“QH”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Administrative Code addressing hazardous waste....more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Fort Payne Automotive Part Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Plasman ALA, LLC (“Plasman”) entered into a November 1st Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code addressing the...more

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

Stormwater Enforcement: Colorado Department of Public Health & Environment Notice of Violation/Cease and Desist Order to Adams...

The Colorado Department of Public Health & Environment issued on October 3rd to Zimmerman Metals, Inc. (“Zimmerman”) a document styled: Notice of Violation/Cease and Desist Order/Order for Civil Penalty (“NOV”)...more

Morgan Lewis - Up & Atom

NRC Escalated Enforcement Increased in 2022

The NRC’s Office of Enforcement (OE) recently published its Enforcement Program Annual Report for Calendar Year 2022. In 2022, the NRC issued 73 escalated enforcement actions to licensees, non-licensees, and individuals. This...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Mobile County Municipal Solid Waste Landfill Operator...

The Alabama Department of Environmental Management (“ADEM”) and EcoSouth Services of Mobile, LLC (“Eco-South”) entered into an April 19th Special Order by Consent (“Order”) addressing alleged violations of the Alabama Solid...more

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

Air Enforcement: Jefferson County, Alabama, Board of Health/Environmental Organizations Enter into Consent Decree with...

The Jefferson County, Alabama, Board of Health (“Health Department”) and Bluestone Coke, LLC, (“Bluestone”) entered into a December 9th Consent Decree (“CD”) addressing alleged violations of an air permit. See Case No.:...more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 10th proposed Director’s Order and Assessment (“Order”) to West Star Aviation, LLC, (“West Star”) addressing alleged violations of the Tennessee...more

Jenner & Block

Heightened Risk to the Regulated Community: U.S. EPA Overfiling

Jenner & Block on

In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Winston County Construction and Demolition Landfill...

The Alabama Department of Environmental Management (“ADEM”) and Hyche Landfill, LLC (“Hyche”) entered into a November 23rd Consent Order (“CO”) addressing alleged violations of certain Alabama solid waste regulations and a...more

Pillsbury Winthrop Shaw Pittman LLP

UPDATE: NRC Rescinds Entire Enforcement Action Against Pillsbury Client Tennessee Valley Authority

NRC staff unilaterally rescinds remaining violation in TVA discrimination case. Staff also rescinds entire enforcement order and civil penalty; NRC board terminates the proceeding. The Nuclear Regulatory Commission...more

Fenwick & West LLP

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

Fenwick & West LLP on

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Kingsport Plastic Recycling Operation

The Tennessee Air Pollution Board (“Board”) issued a Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Patriot Recycling, Inc., (“Patriot”). See Case No. APC21-0022. The Order provides...more

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

Air Enforcement: Alabama Department of Environmental Management and Jackson County Secondary Aluminum Processing Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Scottsboro Aluminum Industries, LLC (“Scottsboro”), entered into a Consent Order (“CO”) addressing alleged violations of an air permit. Scottsboro is stated...more

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

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Regarding White County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 29th Proposed Order and Assessment (“Order”) to Sergio Family Trust (“SFT”) regarding the alleged failure to obtain coverage under the General...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

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

Air Enforcement: Alabama Department of Environmental Management and Conecuh County Oil and Gas Well Operator Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Pruet Production Company (“PPC”) entered into a March 4th Consent Order (“CO”) addressing an alleged violation of a Major Source Operating Permit (“Permit”). ...more

Farella Braun + Martel LLP

Cannabis and Hemp-Derived Products Subject to New Proposition 65 Warning Requirements in California

California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more

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

Asbestos Enforcement: Alabama Department of Environmental Management Proposed Administrative Order to Owner of Albertville...

The Alabama Department of Environmental Management (“ADEM”) issued a Proposed Administrative Order (“AO”) to Clear Properties Albertville, LLC (“Clear Properties”) for an alleged violation related to certain ADEM Admin. Code...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Owner/Operator of Multiple New York Facilities Enter into...

The United States Environmental Protection Agency (“EPA”) and Aero Star Petroleum, Inc., (“Aero”) entered into a March 3rd Consent Agreement/Final Order (“CAFO”) addressing alleged violations of the federal underground...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Tuscaloosa, Alabama, Wood Treatment...

The Alabama Department of Environmental Management (“ADEM”) and KMG-Bernuth, Inc., (“KMG”) entered into a February 10th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code that address hazardous...more

Bennett Jones LLP

CRTC Enforces CASL in Case of Malware Distribution

Bennett Jones LLP on

While there has been controversy about the enforcement of the electronic communication provisions of Canada's Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ June 2019

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

Akin Gump Strauss Hauer & Feld LLP

FERC Rescinds Controversial Enforcement Policy

On May 16, 2019, the Federal Energy Regulatory Commission (FERC or “the Commission”) rescinded its 2009 Notice of Alleged Violations policy. The policy provided for the Director of the Office of Enforcement (“Enforcement”) to...more

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

Asbestos/NESHAP Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Regarding Demolition...

The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more

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