News & Analysis as of

Clean Water Act Penalties

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... more +
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 -
Beveridge & Diamond PC

Preparing for a Wave Citizen Suits: Five Key Strategies on the Diligent Prosecution Bar

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As earlier reported, environmental non-governmental organizations (eNGOs) have promised to pursue enforcement where the Biden EPA left off – they have the legal authority to do so under most environmental federal statutes and...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Middletown, Pennsylvania Scrap Recycler Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Shemas Iron Works (“SIW”) entered into a June 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act. See Docket No.:...more

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

Citizen Suit Enforcement/Clean Water Act: Trump Tower (Chicago) Enters into Consent Order with Environmental Organizations...

The Illinois Attorney General along with the Sierra Club and Friends of the Chicago River entered into a Consent Order (“CO”) with 401 North Wabash Venture, LLC d/b/a Trump International Hotel & Tower (“Trump Tower”)...more

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

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In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

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On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

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

SPCC Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Tupelo, Mississippi Oil Storage Facility Owner Enter...

The United States Environmental Protection Agency (“EPA”) Khera Petroleum, LLC (“KP”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control, and...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Atkins, Arkansas entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

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

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

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Lakeside Gardens Horizontal Property Regime (“Lakeside”) entered into a February 4th Consent Administrative Order (“CAO”)...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

Allen Matkins on

Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Northeast Arkansas Public Water Authority (“Northeast”) entered into a March 10th Consent Administrative Order (“CAO”)...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...more

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

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Bauxite, Arkansas entered into a March 10th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

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

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

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

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

Stormwater Enforcement: Oregon Department of Environmental Quality Proposed Order Addressing Portland Metal Services Center

The Oregon Department of Environmental Quality (“ODEQ”) issued a July 11th Notice of Penalty Assessment and Order (“Order”) to I.S.S.C. Incorporated, dba Oregon Metal Services (“OMS”) addressing alleged violations of a Clean...more

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

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper and Tuscaloosa, Alabama Coal Mine Operator Enter into Consent...

Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

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EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

Mintz

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

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Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more

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

\Medical Waste/Environmental Criminal Enforcement: Maryland Special Medical Waste Incinerator Enters into Guilty Plea Addressing...

The Maryland Attorney General (“AG”) announced on October 17th that Curtis Bay Energy, LP (“Curtis Bay”) entered into a guilty plea to a forty-count criminal information resulting from an investigation that had been conducted...more

Mintz

Congress might make it so the US Forest Service doesn't need to get Federal and State NPDES permits to keep fighting fires.

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A few months ago I told you about the United States Forest Service's decision to resolve a citizen suit accusing it of violating the Clean Water Act by obtaining a Federal permit and as many as 47 State permits authorizing it...more

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

Corporate Criminal Enforcement Policy: U.S. Department of Justice Memorandum Announcing Revisions

The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...more

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