News & Analysis as of

Air Pollution Environmental Violations Environmental Protection Agency (EPA)

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

Air Enforcement: Mississippi Commission on Environmental Quality and Greenwood Soybean Processing/Oil Extraction Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Oxbow Greenwood, LLC (“OG”) entered into a July 3rd Agreed Order 9 (“AO”) addressing alleged violations of an Air Permit. See Order No. 7520 25....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Searcy Compression Station...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Air Enforcement: U.S. Environmental Protection Agency and Willow Island, West Virginia Industrial Coatings Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Allnex USA Inc. (“Allnex”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of an Air Permit. See Docket No. CAA-03-2025-0036....more

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Weld County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed an April 3rd Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to DC Operating Company, LP for the...more

Troutman Pepper Locke

Arizona Files Another Lawsuit Against Automobile Industry for Alleged Emissions Violations

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Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more

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

Community Air Monitoring: Louisiana State Legislature Proposes to Impose Standards

The Louisiana State Legislature has passed legislation titled: Louisiana Community Air Monitoring Reliability Act (“Monitoring Act”) The Monitoring Act awaits a decision by Louisiana’s Governor....more

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more

Troutman Pepper Locke

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Brownstein Hyatt Farber Schreck

Colorado Legislative Committee Tackles Ozone Air Quality Policy Questions

On Aug. 25, Colorado’s Legislative Interim Committee on Ozone Air Quality convened for its first of five planned meetings, primarily to discuss background information on Colorado’s ozone air quality issues. As defined by...more

Oberheiden P.C.

DOJ Announces Launch of Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force

Oberheiden P.C. on

On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...more

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

Air Enforcement: U.S. Environmental Protection Agency and Illinois Municipal Utility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more

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

Air Enforcement: Alabama Department of Environmental Management and Ashville Secondary Aluminum Processing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Grooms Aluminum Processors (“GAP”) entered into a September 9th Consent Order (“CO”) addressing alleged violations of an air permit. The CO provides that...more

Cozen O'Connor

Six-Alarm Fire In Chemical Plant Results In Environmental Suit

Cozen O'Connor on

Illinois AG Kwame Raoul sued chemical manufacturer Chemtool Inc. over allegations that a six-alarm fire in its chemical factory resulted in air and water pollution in violation of the Illinois Environmental Protection Act...more

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

Air Enforcement: Alabama Department of Environmental Management and Ragland, Alabama, Cement Manufacturing/Limestone Quarry...

The Alabama Department of Environmental Management (“ADEM”) and National Cement Company of Alabama, Inc., (“National”) entered into a proposed June 25th Consent Order (“CO”) addressing alleged violations of a Major Source...more

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

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Air Permit for SoLoNOx Turbine

The United States Court of Appeals, Fifth Circuit (“Court”) in a June 3rd opinion vacated an air permit the Massachusetts Department of Environmental Protection (“DEP”) issued to Algonquin Gas Transmission (“Algonquin”). See...more

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

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

Snell & Wilmer

Viral Threat Emerges to the Vehicle Aftermarket Parts Industry

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The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the...more

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

Air Enforcement: U.S. Environmental Protection Agency and North Attleborough, Massachusetts Concrete Production Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Boro Sand and Stone, Corp. (“Boro”) entered into a January 30th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Air Act air...more

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

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental...

The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

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Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

Foley Hoag LLP - Environmental Law

Injunctive Relief Is Available Outside the Fenceline

On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...more

Baker Donelson

Self-Auditing Hospital Environmental Compliance: Knowing What is Wrong is Better than Hoping for the Best

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The C-Suite must intend for the hospital to operate in compliance with environmental rules. A hospital will not naturally achieve or sustain compliance with environmental regulations. Management must set and pursue this goal....more

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

Title II Mobile Source Enforcement/Clean Air Act: U.S. Environmental Protection Agency and Bottling Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Royal Crown Bottling Corporation (“Royal Crown”) entered into an April 5th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more

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