News & Analysis as of

Civil Monetary Penalty Reporting Requirements 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,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...more

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

Refrigerant Regulations/Air Enforcement: U.S. Environmental Protection Agency and East Brunswick, New Jersey HVAC Company Enter...

The United States Environmental Protection Agency (“EPA”) and Gold Medal Service (“GMS”) entered into an April 7th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations 40...more

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

Air Enforcement: U.S. Environmental Protection Agency and North Salt Lake, Utah, Medical Waste Incinerator Operator Enter into...

The United States Department of Justice, on behalf of the United States Environmental Protection Agency, and Stericycle Inc. (“Stericycle”) entered into a January 29th Consent Decree (“CD”) addressing alleged violations of...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

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

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

Latham & Watkins LLP

D.C. Circuit: No FCA Liability for Unassessed Regulatory Penalties

Latham & Watkins LLP on

Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations. The United States Court of Appeals for the D.C. Circuit issued a decision in United...more

Jones Day

D.C. Circuit Rejects Novel Theory of Reverse False Claims Liability for Reporting Violations

Jones Day on

The Situation: In U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corporation, the relator alleged reverse false claims liability under the False Claims Act ("FCA") for the defendants' purported failure to comply with...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Cabarrus County, North Carolina, Water and Sewer...

The United States Environmental Protection Agency (“EPA”) and Water and Sewer Authority of Cabarrus County, North Carolina (“WSACC”), entered into a February 12th Consent Agreement and Final Order (“CAFO”) addressing an...more

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

Storage Tank Enforcement: United States Environmental Protection Agency and Salina, Kansas, Underground Storage Tank Owner Enter...

The United States Environmental Protection Agency (“EPA”) entered into a September 12th Expedited Settlement Agreement (“ESA”) with a Salina, Kansas, underground storage tank (“UST”) owner addressing an alleged violation of...more

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

Emergency Planning and Community Right-to-Know Act (EPCRA) Enforcement: U.S. Environmental Protection Agency and Tampa, Florida...

The United States Environmental Protection Agency (“EPA”) and Tampa Steel Erecting Company (“Tampa Steel”) entered into an October 16th Consent Agreement and Final Order (“CAFO”) to address alleged violations of the Emergency...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Vonore, Tennessee Boat Manufacturing...

The Tennessee Air Pollution Control Board (“TAPCB”) issued a September 11th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Yamaha Jet Boat Manufacturing U.S.A., Inc. (“Yamaha”) for an alleged...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Elmira, New York Tank Owner Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and S & H Food Mart, LLC (“S & H”) entered into a July 5th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of the Subtitle...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and San Antonio, Texas Medical Facility Operator...

The United States Environmental Protection Agency (“EPA”) and Gastroenterology Consultants of San Antonio, P.A. (“GCS”) entered into a Consent Agreement and Final Order (“CA”) addressing alleged Resource Conservation and...more

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