News & Analysis as of

Pollution Control Compliance

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

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On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

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Arkansas Environmental Service Firms: Terracon Acquires Flat Earth Archeology of Arkansas

Terracon has acquired Flat Earth Archeology of Arkansas (“Flat Earth”). Flat Earth is stated to provide archaeology and cultural resources management and compliance services to clients in Arkansas and the surrounding...more

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Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

White & Case LLP

Luxury and ESG: Navigating the New EU Legal Landscape in the Fashion and Luxury Goods Industry

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Due to the increased importance of sustainability, environmental protection and social factors in recent years, the luxury industry has found itself at a crossroads of tradition and transformation. Once characterized...more

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Citizen Suit Action/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue U.S. Environmental Protection Agency...

The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more

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Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Conway Retail Fuel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and J-Square, Inc. (“J-Square”) entered into an April 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

Goldberg Segalla

New Federal Regulations Regarding Soot Create Challenges for States

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Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics,...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Conway Fabrication/Painting...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and DBG Conway (“DBG”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of an air...more

NAVEX

Understanding the Updates and Implications of the EU Corporate Sustainability Due Diligence Directive

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On February 23, 2022, the European Commission released a proposal for the Corporate Sustainability Due Diligence Directive (CSDDD or the Directive). The Directive aims to mandate both EU and non-EU companies that conduct...more

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Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

Holland & Knight LLP

EPA Issues Final Methane Regulations for New and Existing Sources

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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

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Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

King & Spalding

Activists File Sweeping EJ Lawsuit Against Their Local Government

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On March 21, 2023, activists in St. James Parish, Louisiana filed an environmental justice lawsuit against their local government, claiming that the Parish’s land use system directed industry into primarily Black communities...more

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Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Blytheville Carbon...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Carb-Rite Company, Inc. (“CRC”) entered into a February 28th Consent Administrative Order (“CAO”) addressing violations of an air...more

ArentFox Schiff

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

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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

ArentFox Schiff

EPA Announces 2022 Enforcement and Compliance Results

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Businesses work to operate in compliance with relevant laws and generally work to avoid — if possible — scrutiny from regulatory agencies. For many businesses, including those that devote considerable resources to meeting...more

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U.S. Environmental Protection Agency Enforcement and Compliance Annual Results: Fiscal Year 2022 Report

The United States Environmental Protection Agency (“EPA”) issued a document titled: Enforcement and Compliance Annual Results for Fiscal Year 2022 (“Report”)...more

Holland & Hart LLP

EPA Applies More Rigorous Emission Controls on Uintah and Ouray Indian Reservation Lands

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EPA is poised to publish a final Federal Implementation Plan (FIP) for emissions from oil and natural gas sources on Indian country lands within the Uintah and Ouray Indian reservation in northeast Utah. EPA recently released...more

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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

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Hazardous Waste Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pine Bluff...

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

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Miller County Tire...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Cooper Tire & Rubber Company (“Cooper”) entered into an August 23rd Consent Administrative Order (“CAO”) addressing alleged...more

Vinson & Elkins LLP

EPA’s Newest Target for Clean Air Act Enforcement: Stationary Engines

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The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Fund Managers Should Prepare for New ESG-Related Regulatory Obligations

The list of events for which 2020 will be remembered continues to grow and we are only two thirds of the way through the year. Environmental, social and governance (ESG) issues have come into focus in the financial community,...more

Pierce Atwood LLP

EPA Finalizes Reconsideration of Boiler MACT; Compliance Deadline Approaches

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As major sources gear up to meet the January 31, 2016, compliance deadline for the Boiler MACT regulation, EPA has finalized a number of revisions to the rule that might affect your facility’s compliance plans. On November...more

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