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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

Environmental Impairment Liability/Contractor Pollution Liability Policies: Federal Court Addresses Coverage Dispute

The United States District Court for the District of Montana (“Court”) addressed in a May 2021 Order a dispute involving an Environmental Impairment Liability Policy (“EIL”) and a Contractors Pollution Liability Policy...more

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tishomingo County Airport (Belmont) Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tishomingo County Airport (Belmont) (“Airport”) entered into a May 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to...more

Wastewater Enforcement: Alabama Department of Environmental Management and Madison County Inorganic Chemical Plant Operator Enter...

The Alabama Department of Environmental Management (“ADEM”) and ISP Chemicals, LLC, (“ISP”) entered into an April 18th Consent Order (“CO”) addressing alleged violation of a Clean Water Act National Pollution Discharge...more

Wastewater Enforcement: Louisiana Department of Environmental Quality and Arabi Cane Sugar Refinery Facility Enter into Settlement

The Louisiana Department of Environmental Quality (“LDEQ”) and American Sugar Refining, Inc., (“ASRI”) entered into an April 14th Settlement addressing alleged violations of a Louisiana Pollutant Discharge Elimination System...more

UIC/SSO Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Salesville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Regarding White County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 29th Proposed Order and Assessment (“Order”) to Sergio Family Trust (“SFT”) regarding the alleged failure to obtain coverage under the General...more

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Department of Parks, Heritage, and Tourism – State Parks Division (“Parks Division”) entered into a February 24th...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Beverly, Ohio, Ferroalloy Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Globe Metallurgical, Inc. (“GMI”), entered into a December 20th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act...more

Brownfield Redevelopment: Tennessee Department of Environment and Conservation Executes Voluntary Agreement Addressing Nashville...

The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Germantown JV, LLC (“Germantown”) entered into a January 12th Brownfield Voluntary Agreement (“BVA”). The BVA addresses a...more

Solid Waste Enforcement: Tennessee Department of Environment and Conservation and Maury County Construction and Demolition...

The Tennessee Department of Environment and Conservation (“TDEC”) and Maury County entered into a January 26th Consent Order (“CO”) addressing alleged violations of certain Tennessee Solid Waste Rules. The CO provides that...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sevier County Open...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Cossatot Rock, LLC (“Cossatot“) entered into a January 21st Consent Administrative Order (“CAO”) addressing alleged violations...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Normal Operation of Rail Cars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

The United States Surface Transportation Board (“STB”) issued a Decision on December 29th addressing a preemption issue related to the Clean Water Act. See Association of American Railroads – Petition for Declaratory Order,...more

Pollution Exclusion/Insurance Coverage: U.S. District Court Addresses Applicability to Heating Oil Tank Release

A United States District Court (Eastern District Pennsylvania) (“Court”) addressed in a January 19th Memorandum and Order insurance coverage issues associated with a claim related to a heating oil tank spill. See Dorothy...more

Criminal Enforcement/Water Control Law: Virginia Attorney General Announces Indictment of Whiskey Distillery

The Commonwealth of Virginia Office of the Attorney General (“AG”) issued a January 15th news release announcing indictments of a Virginia whiskey distillery for alleged violations of the Virginia Water Control Law. ...more

Criminal Enforcement/Clean Water Act: Industrial Wastewater Operator Pleads Guilty to Alleged Landfill Leachate Discharges

The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan...more

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Dermott (“Dermott”) entered into an October 14th Consent Administrative Order (“CAO”) addressing an alleged...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sebastian County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Terra Renewal Services, Inc. (“Terra”) entered into a November 30th Consent Administrative Order (“CAO”) addressing alleged...more

Criminal Enforcement/Clean Water Act: Leetsdale, Pennsylvania, Copper-Processing Company Charged for Alleged Violations

The United States Attorney’s Office for the Western District of Pennsylvania issued a December 1st news release stating that a copper-processing company had been charged with three felony counts alleging violations of the...more

Wastewater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bledsoe County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 16th Commissioner’s Order and Assessment (“Order”) to Dunlap Stone, Inc. (“DSI”) addressing alleged violations of a National Pollution...more

SSO/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Perryville Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Perryville, Arkansas (“Perryville”), entered into an October 8th Consent Administrative Order (“CAO”) addressing...more

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