News & Analysis as of

Underground Storage Tanks

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

Request for Qualifications/Professional Engineering Design Services: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) has issued the following document: REQUEST FOR QUALIFICATIONS - PROFESSIONAL ENGINEERING DESIGN SERVICES FOR OFFICE OF LAND...more

J.S. Held

AST vs. UST Regulatory Gaps: Hidden Environmental Liability & Insurance Risk

J.S. Held on

Insurers should note that environmental regulations designed to protect against releases from fuel distribution Aboveground Storage Tank (AST) systems, as defined under EPA 40 CFR Part 112, are less stringent than the...more

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

Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Nashville...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 17th Order and Assessment (“Order”) to Mapco Express, LLC (“ME”). See CASE NO. FDA26-0019. The Order provides that ME is a registered...more

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

Federal Leaking Underground Storage Tank Trust Fund: Association of State And Territorial Solid Waste Management Officials Publish...

The Association of State And Territorial Solid Waste Management Officials (“ASTSWMO”) published a document titled: Leaking Underground Storage Tank (LUST) Trust Fund Fact Sheet 2026 (“Fact Sheet”)....more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 18, 2025, Proposed Order and Assessment (“Order”) to Mountain States Health Alliance (“MS”) addressing alleged violations of the Tennessee...more

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

Storage Tank Enforcement: Louisiana Department of Environmental Quality and Lafayette Fuel Transporter Company Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Dupre Logistics, L.L.C. (“Dupre”) entered into a January 7th Settlement Agreement (“SA”) addressing an alleged violation of the Louisiana underground storage tank...more

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

Storage Tank Enforcement: Tennessee Department Environment and Conservation and Memphis Freight Facility Enter Into Agreed Order

The Tennessee Department of Environment and Conservation (“TDEC”) and XPO Logistics Freight, Inc. (“XPO”) entered into a December 15th Agreed Final Order (“AFO”) addressing alleged violations of the Tennessee Underground...more

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

Oil Spill Enforcement: Massachusetts Department of Environmental Protection Penalty Assessment Addressing Hudson Hardware Store

The Massachusetts Department of Environmental Protection (“MassDEP”) issued a December 29, 2025 news release stating that a penalty was assessed to N.R. Underwood & Sons Enterprises, Inc. (“Underwood”) for allegedly violating...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Ashland, Virginia Facility Enter into Consent Administrative...

The United States Environmental Protection Agency (“EPA”) and James River Petroleum, Inc. (“JRP”) entered into a September 30th Consent Agreement (“CA”) addressing alleged violations of the State of Virginia underground...more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 5th Order and Assessment (“Order”) to Brockton USA, LLC (“BU”) addressing alleged violations of the Tennessee Underground Storage Tank...more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 13th Proposed Order and Assessment (“Order”) to Mack’s Convenience Stores (“MCS”) addressing alleged violations of the Tennessee Underground...more

Robinson+Cole Environmental Law +

New General Permit for Connecticut Remediation Contractors

The Connecticut Department of Energy and Environmental Protection (DEEP) has issued a new general permit for remediation contractors, known as the General Permit to Act as a Contractor to Contain or Remove or Otherwise...more

Wiley Rein LLP

Eleventh Circuit Applies Notice-Prejudice Rule But Insured’s Failure to Timely Notify Insurer Bars Coverage for Pollution Claims

Wiley Rein LLP on

The Eleventh Circuit Court of Appeals, applying Florida law, held that an insurer could deny coverage for failure to provide timely notice where the insured provided no evidence to rebut the presumption of prejudice to the...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Emporia, Kansas Convenience Store Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Fast N’ Friendly, LLC (“FNF”) entered into an October 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the federal Underground...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Federal Reserve Bank of New York Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and The Federal Reserve Bank of New York (“Federal Reserve”) entered into a September 22nd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the...more

Environmental General Counsel PC

Local Voluntary Cleanup Agreements in California: How They Can Better Promote State Housing Priorities and Development of...

Voluntary cleanup agreements have been a staple of cleanups under both state and federal cleanup programs for decades.  In some cases, these agreements are designed to facilitate the purchase and sale of a property and the...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing City of Brownsville...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 2nd Proposed Order and Assessment to the City of Brownsville, Tennessee Public Works for alleged violations of the Tennessee Underground...more

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

Air Enforcement: Alabama Department of Environmental Management and Barbour County Gasoline Transport Vessel Operator Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Whatley Oil & Auto Parts Company, Inc. (“Whatley”) entered into a September 10th Consent Order (“CO”) addressing an alleged violation of the Alabama air...more

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

Ethanol for America Act: U.S. House of Representatives Legislation Introduced Addressing E15/Underground Storage Tank...

The United States House of Representatives’ Adrian Smith (Nebraska) and Nikki Budzinski (Illinois) introduced legislation titled: Ethanol for America Act (“Ethanol Act”)....more

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a July 22nd Proposed Order and Assessment (“Order”) to Henry Oil Company (“Henry”) addressing alleged violations of the Tennessee Underground Storage...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

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Covington, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 18th Proposed Order and Assessment (“Order”) to Diamond Investments of TN Inc. (“Diamond”) addressing an alleged violation of underground storage...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Department of Corrections Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Washington, D.C. Department of Corrections (“D.C.”) entered into a June 10th Consent Agreement (“CA”) addressing alleged violations of the federal Underground...more

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a May 14th Order and Assessment (“Order”) to Greeneville Oil and Petroleum, Inc. and 737 Grace 1, LLC (collectively,“Respondent”) addressing alleged...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Jackson Facility Enter into Agreed Final Order

The Tennessee Department of Environment and Conservation (“TDEC”) and Bowling Convenience, Inc. (“BCI”) entered into an April 4th Agreed Final Order (“AFO”) addressing alleged violations of the Tennessee Underground Storage...more

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