News & Analysis as of

Underground Storage Tanks

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

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Hendersonville Hospital Enter...

The Tennessee Department of Environment and Conservation (“TDEC”) and Henderson Hospital Corporation (“HHC”) entered into an August 23rd Settlement Agreement and Order (“Agreement”) addressing alleged violations of the...more

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

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

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

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

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

Average State Tax Rates for Retail Gasoline/Diesel Fuel Since January 2024: U.S. Energy Information Administration Report

The United States Energy Information Administration (“EIA”) issued an August 20th report titled: Average State Tax Rates for Retail Gasoline and Diesel Fuel Flat Since January 2024 (“Report”)....more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 7th Proposed Order and Assessment (“Order”) to Pilot Travel Centers, LLC (“Pilot”) addressing alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor...

Storage Tank Enforcement: Proposed Tennessee Department of Environmental and Conservation Order Addressing Knoxville Retail Motor Facility - The Tennessee Department of Environment and Conservation (“TDEC”) issued an...more

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

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Benton County Facility Enter into Settlement...

The Tennessee Department of Environment & Conservation (“TDEC”) and CGS Stores, LLC (“CGS”) entered into a June 18th Settlement Agreement and Order (“Agreement”) addressing  alleged violations of the Tennessee Underground...more

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

Storage Tank Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pulaski County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Allowey Ahmed (“Ahmed”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged violations of the...more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a Proposed May 23rd Order and Assessment (“Order”) to Racetrac, Inc. (“Racetrac”) addressing alleged violations of the Tennessee Underground Storage...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Retail Motor...

The Tennessee Department of Environment and Conservation (“TDEC”) and Stage Road Properties, Inc. (“Stage Road”) entered into a May 9th Settlement Agreement and Order (“Settlement Agreement”) addressing: Alleged...more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Manassas, Virginia Electric Cooperative Enter into...

The United States Environmental Protection Agency (“EPA”) and Northern Virginia Electric Cooperative (“NVEC”) entered into a May 21st Consent Agreement (“CA”) addressing alleged violations of the Federal Underground Storage...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Hotel Enter into Settlement Agreement

The Tennessee Department of Environment & Conservation (“TDEC”) and Hotel Memphis OPCO, L.P. (“Hotel Memphis”) entered into a May 13th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the...more

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

Underground Storage Tank/Industrial Property Sale: Oregon Appellate Court Addresses Fraudulent Misrepresentation Claim

The Court of Appeals of Oregon (“Court of Appeals”) addressed in an April 24th Opinion an issue arising out of the sale of an industrial property. See Gunner, LLC v. Miller, 2024 WL 1756829. The question involved whether...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 a proposed Order and Assessment (“Order”) to Jefferson Farmers Cooperative (“JFC”) addressing alleged violations of the Tennessee Underground Storage...more

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

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

The Tennessee Department of Environment and Conservation (“TEDC”) issued on March 18th a Proposed Order and Assessment (“Order”) to M&M Spartasmoke LLC (“M&M”). See Case No. Fed. 24-0008. The Order addresses a facility...more

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

Underground Storage Tank Fund/California State Water Resources Control Board: Los Angeles Environmental Consulting Firm Enters...

The California State Water Resources Control Board (“Board”) and Associated Consulting Civil & Environmental Services, Inc. (“Associated Consulting”) along with an individual entered into a January 17th document styled: ...more

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

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 7th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy”). The Order provides that Murphy is the registered owner of...more

Latham & Watkins LLP

US EPA Proposes Methane Emissions Fees for Oil and Natural Gas Industry

Latham & Watkins LLP on

The WEC Rule would impose fees for oil and gas facilities reporting a certain amount of greenhouse gas emissions per year. On January 26, 2024, the US Environmental Protection Agency (EPA) published in the Federal...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Wickliffe, Ohio, Operator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Lubrizol Corporation (“LC”) entered into a January 24th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of the federal...more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation and Guild Marina Enter into Settlement Agreement

The Tennessee Department of Environment & Conservation (“TDEC”) and Dam Marina, Inc. (“DMI”) entered into a December 14th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

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

Trust Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Chattanooga Solid Waste...

The Tennessee Department of Environment and Conversation and BFI Waste Services, LLC (“BFI”) entered into a December 11th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the Tennessee...more

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

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

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

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

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

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