News & Analysis as of

Spill Prevention Plans Clean Water Act

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

Murky Waters/Navigating a Post-Sackett World: Ranking Members/U.S. House of Representatives Committee on Transportation and...

Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Kansas Oil and Gas Exploration, Development and...

The United States Environmental Protection Agency (“EPA”) and Colt Energy, Inc. (“CEI”) entered into a May 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal regulations found at 40 CFR Part 112 setting...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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

Waters of the United States/Clean Water Act: United States District Judge (District of North Dakota) Enjoins Enforcement of Rule...

United States District Judge Daniel L. Hovland (District of North Dakota) issued an April 12th Order granting plaintiffs’ Motion for Preliminary Injunction (“Order”) addressing a challenge to a final rule issued by the United...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and New Haven, Connecticut, Biofuels Producer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and American GreenFuels, LLC (“AGF”) entered into a February 23rd Expedited Settlement Agreement (“ESA”) addressing addressed violations of the Clean Water Act Oil...more

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

Waters of the United States/Clean Water Act: United States District Court Judge (Southern District of Texas) Enjoins Enforcement...

United States District Judge (Southern District of Texas) Jeffrey Vincent Brown (“Court”) issued a March 19th Memorandum Opinion and Order Granting Preliminary Injunction (“Order”) addressing a challenge to a final rule...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Chambers County, Texas, Marine Terminal Enter into...

The United States Environmental Protection Agency (“EPA”) and Cedar Marine Terminals, LP (“CMT”) entered into an October 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Clean Water Act Spill...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Payne County, Oklahoma, Tank Battery Enter into...

The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”)...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tank Battery Operator Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Gary Davis Oil, LLC, (“GDO”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Litchfield, NH Sand and Gravel Facility Operator Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Continental Paving, Inc. (“Continental”) entered into a June 7 Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill...more

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

Section 311/SPCC Clean Water Act Enforcement: U.S. Environmental Protection Agency and Lafourche Parish, Louisiana, Oil Production...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more

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

SPCC/Stormwater Enforcement: U.S. Environmental Protection Agency and Maryland Scrap Facilities Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Super Salvage, Inc. (“SSI”) entered into a November 3rd Consent Agreement (“CA”) addressing alleged violations of certain Clean Water Act stormwater regulations....more

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

SPCC Regulations/Clean Water Act: U.S. Environmental Protection Agency Proposal Declining Applicability to Hazardous Substances

The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.

The Foreign Spill Protection Act of 2017 amends the Oil Pollution Act and Clean Water Act to hold foreign-based offshore facilities liable for spills entering U.S. waters - New law establishes oil spill liability in the...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Acton, Massachusetts Oil Storage/Distribution Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Bursaw Gas and Oil, Inc. (“BGO”) entered into a December 21st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil...more

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

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

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