News & Analysis as of July 24, 2025

State and Local Government

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Pretreatment Enforcement: Mississippi Commission on Environmental Quality and Attala County Dairy Processing Facility Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/3/2025

The Mississippi Commission on Environmental Quality (“MCEQ”) and East Side Jersey Dairy Inc. (“ESJD”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit...more

404/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Utah County, Utah Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/1/2025

The United States Environmental Protection Agency (“EPA”) and Utah County, Utah entered into an April 23rd Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA-08-2025-0008....more

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/28/2025

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/19/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of London, Arkansas entered into a February 25th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Storage Tank Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Addressing Fayette Facility...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/27/2025

The Alabama Department of Environmental Management (“ADEM”) issued on February 12th a Proposed Administrative Order (“AO”) to Dodson Oil Co. of Fayette, Inc (“Dodson”) alleging violations of certain Alabama environmental...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/19/2025

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Lakeside Gardens Horizontal Property Regime (“LG”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing...more

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/14/2025

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/10/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Haskell, Arkansas entered into a December 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/4/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newrays One, LLC (“Newrays”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/27/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/13/2025

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Jasper, Arkansas entered into a December 4th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

California Environmental Law & Policy Update 8.11.23

Allen Matkins on 8/14/2023

Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/3/2021

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

DOJ Defers to States for CWA Enforcement

Williams Mullen on 1/12/2021

The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nevada County...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/22/2020

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Nevada County entered into a March 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water...more

EPA’s Partnership Policy Formally Delegates Primary Enforcement Implementation to State Agencies While Retaining Concurrent...

Miles & Stockbridge P.C. on 8/13/2019

On July 11, 2019, the Environmental Protection Agency (the “EPA”) finalized its policy (the “Policy”) to defer environmental investigations and enforcement actions to authorized state agencies as the “primary implementer.”...more

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Clean Water Act › Environmental Violations › State and Local Government

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