News & Analysis as of

Clean Water Act Settlement Agreements

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 -
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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

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Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

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Stormwater Enforcement: US Environmental Protection Agency and Leesville, South Carolina Timber Products Facility Enter Into...

The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Leesville, South Carolina Timber Products Facility Enter Into...

The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more

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Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter...

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Laconia, New Hampshire Car Care Center Enter into Expedited Settlement Agreement - The United States Environmental Protection Agency (“EPA”)...more

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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

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Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

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Solid Waste/Wastewater Enforcement: Louisiana Department of Environmental Quality and St. Landry Parish Solid Waste Disposal...

The Louisiana Department of Environmental Quality (“LDEQ”) and St. Landry Parish Solid Waste Disposal District (“St. Landry”) entered into a Settlement Agreement (“SA”) addressing alleged violations of a solid waste permit...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Warrenton, North Carolina, Architectural Concrete Production...

The United States Environmental Protection Agency (“EPA”) and Cast Stone Systems, Inc. (“CSSI”) entered into a July 31st Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Industrial...more

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SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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SPCC Enforcement: U.S. Environmental Protection Agency and New Haven, Connecticut, Biofuels Producer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and American GreenFuels, LLC (“AGF”) entered into a February 23rd Expedited Settlement Agreement (“ESA”) addressing addressed violations of the Clean Water Act Oil...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Westport, Massachusetts, Recycling Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and A & E Metal Recycling and Packaging, Inc. (“A & E”) entered into a June 21st Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Skiatook, Oklahoma, Municipal Airport Enter into...

The United States Environmental Protection Agency (“EPA”) and the City of Skiatook, Oklahoma (“Skiatook”), entered into a June 8th Expedited Spill Prevention Control and Countermeasure (“SPCC”) Settlement Agreement...more

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SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Payne County, Oklahoma, Tank Battery Enter into...

The United States Environmental Protection Agency (“EPA”) and Colpitt Brothers Operating Company (“Colpitt”) entered into a May 25th Expedited Spill Prevention Control and Countermeasure Settlement Agreement (“Agreement”)...more

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Sewage Sludge/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Liberty, Missouri, Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and the City of Liberty, Missouri, (“Liberty”) entered into a July 12th Expedited Settlement Agreement (“ESA”) addressing an alleged Clean Water Act (“CWA”) violation....more

Saul Ewing LLP

Supreme Court Holds That CERCLA Contribution Claims Are Triggered by Resolution of Express CERCLA Liability

Saul Ewing LLP on

This week the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), and held that contribution claims under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

Williams Mullen on

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

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SPCC Enforcement: U.S. Environmental Protection Agency and Tank Battery Operator Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Gary Davis Oil, LLC, (“GDO”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Ashland, Virginia Facility Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and HPT TA Properties Trust (“HPT”) entered into an August 6th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Oil Pollution Prevention...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

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Stormwater Enforcement: U.S. Environmental Protection Agency and Walpole, Massachusetts Development Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Wall Street Development Corporation (“Wall Street”) entered into a November 27th Expedited Settlement Agreement (“ESA”) to address alleged violations of certain...more

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Section 401/Clean Water Act Litigation: Maryland Department of the Environment and Exelon Generation Company, LLC Settlement

The Maryland Department of the Environment (“MDE”) and Exelon Generation Company, LLC (“Exelon”) entered into a October 29th settlement agreement (“ Settlement Agreement”) related to litigation involving a Section 401 Clean...more

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Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Holland & Knight LLP

Recent Changes Expected to Impact Environmental Enforcement

Holland & Knight LLP on

• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

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