News & Analysis as of

Pollution Control Enforcement Actions Clean Water Act

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Auburn, Washington Wood Pallet Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and A-1 Pallets, Inc. (“A-1”) entered into a February 13th Consent Agreement (“CA”) alleging violations of the Clean Water Act National Pollutant Discharge Elimination...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and U.S. Army Corps of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more

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

Environmental Criminal Enforcement/Clean Water Act: United States District Court (District of Connecticut) Sentences Water Main...

The United States Attorney’s Office for the District of Connecticut issued a March 4th press release stating that National Water Main Cleaning Company (“NWMCC”) was sentenced by the United States District Court for the...more

Holland & Hart LLP

Supreme Court Invalidates "End-Result" Provisions in Clean Water Act Discharge Permits

Holland & Hart LLP on

The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more

DLA Piper

Supreme Court Limits EPA's Permitting Authority Under the Clean Water Act

DLA Piper on

The Supreme Court recently ruled that the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to impose “generic” or “end-result” prohibitions in National Pollutant Discharge Elimination System...more

Goldberg Segalla

Supreme Court Requires EPA to Set Specific Targets in Water Permits

Goldberg Segalla on

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more

Stoel Rives - Environmental Law Blog

SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits

Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency Complaint Filed Against Seaside, Oregon Petroleum Product...

The United States Environmental Protection Agency (“EPA”) has filed on December 18, 2024, an Administrative Complaint against Jackson & Son Distributors, Inc. dba Jackson and Son Oil (“JS”) alleging a violation of the Clean...more

Stinson LLP

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

Stinson LLP on

In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment and Independence County Wastewater Treatment Facility Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Select Sands America Corp. (“Select Sands”) entered into a July 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Storage Tank Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Addressing Fayette Facility...

The Alabama Department of Environmental Management (“ADEM”) issued on February 12th a Proposed Administrative Order (“AO”) to Dodson Oil Co. of Fayette, Inc (“Dodson”) alleging violations of certain Alabama environmental...more

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

Stormwater Enforcement: US Environmental Protection Agency and Leesville, South Carolina Timber Products Facility Enter Into...

The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more

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

Wastewater Enforcement: Alabama Department of Environmental Management and Jefferson County Coal Preparation Plant Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Crimson Oak Grove Resources, LLC (“Crimson”) entered into a February 13th Consent Order (“CO”) addressing alleged violations of the clean water act national...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Haskell...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Haskell, Arkansas entered into a December 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Stormwater Construction Permit(s)/An Overview: Jordan Wimpy (Mitchell Williams) Arkansas Bar Association Mid-Year Presentation

My colleague, Jordan Wimpy, undertook a presentation at the Arkansas Bar association Mid-Year Conference titled: Stormwater Construction Permit(s): An Overview (“Presentation”)....more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Pretreatment/Wastewater Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Pharmaceutical Manufacturing...

The Mississippi Commission on Environmental Quality and Natureplex entered into a May 3rd Agreed Order (“AO”) addressing alleged violations of the Clean Water Act Pretreatment Permit. See Order No. 7323 24. The AO...more

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

Environmental Criminal Enforcement: Michigan Attorney General Announces Arrest of an Individual for Alleged Activities Associated...

Michigan Attorney General Dana Nessel issued a news release announcing the arrest and arraignment of Rajinder Singh Minhas alleging: …multiple felony and misdemeanor charges for allegedly mismanaging and neglecting...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and City of Gravette, Arkansas, entered into a February 21st Consent Administrative Order ("CAO") addressing an alleged violation of...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

Jones Day on

On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....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,...

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

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

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