News & Analysis as of

Waste Management Permits

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

95th Arkansas General Assembly/Act 1009: Addressing Enforcement for Certain Types of Industrial Waste Disposal

Act 1009 was signed by Governor Sanders which amends the Arkansas Water and Air Pollution Control Act to require revocation of a permit for the disposal of industrial waste in an agricultural or pastoral application for a...more

Troutman Pepper Locke

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

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On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Pell City Electrical Equipment Recycling Facility...

The Alabama Department of Environmental Management (“ADEM”) and TCI of Alabama, LLC (“TCI”) entered into a Consent Order (“CO”) to address alleged violations of the Alabama Hazardous Waste regulations. See Consent Order No....more

Clark Hill PLC

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

Clark Hill PLC on

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s...more

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

Odor/Air Enforcement: Massachusetts Attorney General Files Judicial Action Against Grafton Animal Feed Dehydrator Operation

The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more

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

Scrap Metal Recycling Facility/Zoning: Indiana Appellate Court Addresses Challenge to Conditional Use Permit

Co-Author Megan Halford The Court of Appeals of Indiana (“Court”) addressed in an August 14th Opinion an issue arising out of the application of a local zoning ordinance to the construction of a scrap metal recycling...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Rochester, New Hampshire Solid Waste Facility Permit

Sixteen individuals (collectively, “Petitioners”) filed a February 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Waste Management of New Hampshire,...more

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

Solid Waste Enforcement: Mississippi Commission on Environmental Quality and Clarksdale Class I Rubbish Site Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Clarksdale, Mississippi, (“Clarksdale”) entered into a November 27th Agreed Order (“AO”) addressing an alleged violation of a Solid Waste Management...more

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

Auto Dismantler Exemption/Solid Waste Permitting: Supreme Court of Oregon Addresses Applicability to Scrap Metal Recycling

The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more

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

Hazardous Waste Management Program Implementation Costs: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a November 2023 report titled: Hazardous Waste Management Program Implementation Costs Report (“Report”) - The Report was...more

Burr & Forman

Alabama Landfill Local Approval Bill Passes

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A bill amending the Alabama Solid Wastes and Recyclable Materials Management Act by specifying when local approval of solid waste disposal permit modifications is necessary has passed both houses of the Alabama Legislature...more

BCLP

PFAS and Your Business: Screening for Risk

BCLP on

States across the country have been regulating per- and polyfluoroalkyl substances (“PFAS”) over the last few years. Recent actions taken by the United States Environmental Protection Agency (“EPA”) underscores that point:...more

King & Spalding

Major TCEQ Rulemaking Impacts Industrial Companies in Texas

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On November 23, 2021, Texas Commission on Environmental Quality (TCEQ) Director of the Office of Compliance requested that TCEQ approve a proposed rulemaking intended to respond to a series of industrial events occurring over...more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

Farella Braun + Martel LLP

[Webinar] New Statewide Winery Order: What Wineries Need to Know - May 26th, 10:00 am - 11:00 am PT

The new statewide General Waste Discharge Requirements (WDRs) for winery process water (Winery Order) adopted by the State Water Resources Control Board have spread concern across the wine industry. The Winery Order is...more

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

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more

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

Post-Closure/Landfill: North Carolina Appellate Court Addresses RCRA Compliance Issue

The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: Brief of Amici Curiae National Association of Clean Water...

The National Association of Clean Water Agencies (“NACWA”) and other municipalities filed an Amicus Brief in the pending Supreme Court of the United States case styled County of Maui v. Hawai’i Wildlife Fund, et al....more

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

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Calhoun County, Arkansas Ordnance Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and Armtec Countermeasures Co. (“ACC”) entered into a March 29th Consent Administrative Order (“CAO”) to address alleged violations of Arkansas Pollution Control &...more

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

Section 401 Clean Water Act: North Carolina Department of Environmental Quality Water Quality Certification for Toll Highway...

The Southern Environmental Law Center (“SELC”) filed a Petition for a Contested Case Hearing (“Petition”) in the North Carolina Office of Administrative Hearings addressing a Clean Water Act Section 401 Water Quality...more

BakerHostetler

California Subjects Hazardous Waste Facilities to New "Scoring" System That Raises Stakes for Challenging Alleged Compliance...

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Starting in 2019, California will subject hazardous waste facilities operating in the state to a “scoring” system called the Violations Scoring Procedure (VSP). The California Department of Toxic Substances Control (DTSC)...more

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

Pulaski County, Arkansas Regional Recycling & Waste Reduction District: Announcement of New Website

The Regional Recycling & Waste Reduction District in Pulaski County (“District”) announced in a May 2nd news release that it has a new website. The website is: www. RegionalRecycling.org ...more

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

Termination of Wastewater Outfall: U.S. Environmental Protection Agency Environmental Appeals Board Decision

The Concerned Citizens for Nuclear Safety (“Citizens”) filed an Environmental Appeals Board (“EAB”) appeal under 40 C.F.R. §124.5(b) seeking review of the United States Environmental Protection Agency’s (“EPA”) denial of a...more

Williams Mullen

Environmental Notes - February 2016

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The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

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