News & Analysis as of

Permits Pollution Control

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Secretary's Order Addressing Sherwood Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit....more

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

Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Ozark Rock Crushing Facility...

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and Stapp Quarries, LLC ("Stapp") entered into a February 28th Consent Administrative Order ("CAO") addressing an alleged violation...more

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

Alabama Department of Environmental Management and Mobile County Steel Mill Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and SSAB Alabama Inc. (“SSAB”) entered into a January 24th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-xxx-CAP. ...more

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

Concrete Batch Plants: Harris County Challenges Amended Air Quality Standard Permit Issued by Texas Commission on Environmental...

Harris County, Texas, and a number of other organizations filed a February 22nd Petition for Judicial Review (“Petition”) in the District Court of Travis County, Texas, against the Texas Commission on Environmental Quality...more

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,...

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Holland & Knight LLP

EPA Issues Final Methane Regulations for New and Existing Sources

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) announced its final rule on Dec. 2, 2023, to sharply reduce emissions of methane and other air pollution from oil and natural gas operations. The final action, which is more than...more

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

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

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

Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter...

The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit....more

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

Washington County Landfill, Expansion: Individual Petitioners/Mayor Russell/Tontitown Joint brief in Support of Second Motion for...

As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas...more

Mintz

I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to...

Mintz on

Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more

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

Northeast Minnesota Mine Project/Clean Water Act: U.S. Corps of Engineers Revokes Section 404 Permit

The United States Army Corps of Engineers (St. Paul District) (“Corps”) issued a June 6th decision that revokes a previously suspended Section 404 Clean Water Act Permit for the NewRange Copper Nickel Company (“NewRange”). ...more

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

Washington County Landfill/Expansion: Eco-Vista Files Replies in Support of Motion to Dismiss

As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petition”) before the...more

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

Washington County Landfill/Expansion: Second Request for Adjudicatory Hearing/Commission Review Before Arkansas Commission on...

Tontitown Mayor Angie Russell and the City of Tontitown filed a Request for Hearing and Adjudicatory Review (“Request”) on April 17th before the Arkansas Pollution Control & Ecology Commission (“Commission”) challenging the...more

Mintz

This isn't an early April Fools joke -- the US Forest Service is applying for a NPDES permit so that it can keep fighting forest...

Mintz on

Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more

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

Washington County Open-Cut Mining Facility: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion...

As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Hardy Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Decatur-Morgan County Sanitary Landfill Enter into...

The Alabama Department of Environmental Management (“ADEM”) and City of Decatur-Morgan County Sanitary Landfill (“Decatur”) entered into a January 27th Consent Order (“CO”) addressing alleged violations of the Alabama...more

ArentFox Schiff

Environmental Justice Update: New York Becomes Second State to Require EJ-Focused Cumulative Impact Analysis

ArentFox Schiff on

On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and the City of Wilmot...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Wilmot, Arkansas, (“Wilmot”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged...more

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

Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement...more

King & Spalding

EPA Addresses Environmental Justice and Civil Rights in Permitting

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The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

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