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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment Addressing Cleveland Food Preparation Facility

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Newly Weds Foods, LLC (“NWF”) addressing an alleged violation of the Tennessee Air...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Asphalt Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Waste Recycling (“WR”) entered into an August 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act stormwater...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and White County Tree Service...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and James Osborne entered into a September 25th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas...more

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

PFAS/Wastewater Enforcement: Michigan Attorney General Files Judicial Action Against White Pigeon Paper Board Mill for Alleged...

The Michigan Attorney General (“AG”) filed a Complaint in the Michigan Circuit Court for the 30th Judicial Circuit against Ox Paperboard WP, LLC (“Ox”) and White Pigeon Mills, LLC (“White Pigeon”) for alleged violations of a...more

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

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 9th Proposed Order and Assessment (“Order”) to RMK LLC. See Case No. FDA24-0044. RMK is stated to be the owner of two underground storage...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nashville Gypsum Wallboard...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“Certainteed”) entered into an October 14th Consent Administrative Order (“CAO”)...more

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Air Enforcement: Alabama Department of Environmental Management and Talladega County Automobile Manufacturing Plant Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Honda Development & Manufacturing of America, LLC (“Honda”) entered into a October 9th Consent Order (“CO”) addressing an alleged violation of an Air Permit. See...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Richmond, Missouri Epoxy Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Arnette Polymers, LLC (“Arnette”) entered into an August 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Missouri hazardous...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs Sawmill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and USNR, LLC d/b/a Timber Automation, LLC (“USNR”) entered into a September 25th Consent Administrative Order (“CAO”) addressing...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hazen Solid Waste Landfill...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Waste Corporation of Arkansas, LLC (“WC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff Vermiculite...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Sun Gro Horticulture Processing Inc. (“Sun Gro”) entered into a July 24th Consent Administrative Order (“CAO”) addressing...more

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Tokai Carbon GE LLE (“Tokai”) entered into an August 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Al’s Truck Stop of Malvern, Inc. (“Al’s”) entered into an April 30th Consent Administrative Order (“CAO”) addressing alleged...more

Air Enforcement: Alabama Department of Environmental Management and Baldwin County Secondary Aluminum Recycling Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Ecovery, LLC (“Ecovery”) entered into an August 7th Consent Order (“CO”) addressing an alleged violation of an Air Permit. The CO provides that Ecovery...more

Enforcement Efforts by the Florida Department of Environmental Protection: Public Employees for Environmental Responsibility...

The Public Employees for Environmental Responsibility (“PEER”) organization has issued an August 2024 report titled: Enforcement Efforts by the Florida Department of Environmental Protection (“Report”)....more

Stormwater Clean Water Act Citizen Suit/Waters of the U.S.: Federal Court Addresses Applicability to Wet-Weather Stream

A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Rose Bud Natural Gas...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Orca Gathering Company, LLC (“Orca”) entered into an August 6th Consent Administrative Order (“CAO”) addressing an alleged...more

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

Air Enforcement: Wisconsin Attorney General and Manitowoc Liquid Smoke Manufacturing Facility Enter into Settlement

The State of Wisconsin through its Attorney General (“AG”) entered into a Stipulation of Judgement (“Judgement”) with Kerry Inc. (“KI”) addressing alleged violations of the Wisconsin Air Emission Laws. See State of Wisconsin...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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