News & Analysis as of

Pollution Control

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

2025 War Eagle Creek Stewardship Award: Beaver Watershed Alliance Recognizes the Tuberville Family

The Beaver Watershed Alliance (“BWA”) announced the presentation of the 2025 War Eagle Creek Stewardship Award (“Award”). The Award was presented to Josh and Claliegh Tuberville....more

Stoel Rives LLP

Recent Ninth Circuit Decision Suggests Effluent Limitation Guidelines Across Multiple Industry Categories May Be Changing Soon

Stoel Rives LLP on

In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

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

Pretreatment Enforcement: Mississippi Commission on Environmental Quality and Attala County Dairy Processing Facility Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and East Side Jersey Dairy Inc. (“ESJD”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency Complaint/Compliance Order Addressing Isabel, South Dakota Facility

The United States Environmental Protection Agency (“EPA”) filed a Complaint, Compliance Order, and Notice of Opportunity for Hearing (“Complaint”) on June 16th to Jack’s Service Center (“JSC”) for alleged violations of the...more

Akin Gump Strauss Hauer & Feld LLP

Minnesota to Delay PFAS Reporting Deadline

Earlier this week, the Minnesota Pollution Control Agency (MPCA) announced it will extend the upcoming reporting deadline under the state’s PFAS-in-Products law. As currently written, the law requires manufacturers of...more

Bergeson & Campbell, P.C.

MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS

This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed...more

Integral Consulting Inc.

Discounting in Damage Assessments for Ecological Injuries: An Introduction to the Issues

In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...more

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

Air Enforcement: U.S. Environmental Protection Agency and East Alton, Illinois Brass/Bronze Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Wieland Rolled Products (“WRP”) entered into a June 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act New Source...more

Wenning Environmental

Science-Based Targets In Law Are More Important Than Ever

Wenning Environmental on

Science-based targets (SBTs) rely on scientific facts to achieve specific conditions or outcomes. SBTs reflect the best available science and set goals intended to prevent human activities from harming the environment....more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Lee County Subdivision Developer Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Hans, LLC (“Hans”) entered into a June 3rd Consent Order (“CO”) addressing alleged violations of a Stormwater General Permit (“Permit”)....more

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

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

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

Citizen Suit Action/Clean Air Act: Southern Environmental Law Center Notice of Intent to Sue Memphis, Tennessee Data Center

The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

Allen Matkins on

Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Elaine...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Elaine, Arkansas entered into an April 17th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Grenada County Lumber Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hankins Lumber Company Inc. (“Hankins”) entered into an April 30th Agreed Order (“AO”) addressing an alleged violation of an Air Permit. See Order No. 7490 25....more

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

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

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Fabricated...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and W & W – Afco Steel LLC (“Afco”) entered into a May 8th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

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

2026 NPDES Multi-Sector General Permit for Stormwater Discharges: Steel Manufacturers Association Comments on Proposed Federal...

The Steel Manufacturers Association (“SMA”) submitted May 19th comments to the United States Environmental Protection Agency (“EPA”) addressing: Proposed 2026 Multi-Sector General Permit for Stormwater Discharges...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Activated Carbon Manufacturing Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into a May 12th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7491 25....more

Farella Braun + Martel LLP

Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup...

On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van Buren Wastewater...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...more

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