News & Analysis as of

Consent Decrees Environmental Violations

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

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

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

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice/State of New York and Westchester Joint Water Works Enter into...

The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more

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

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

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

Air Enforcement: U.S. Department of Justice and Beverly, Ohio, Ferroalloy Production Facility Enter Into Consent Decree

The United States Department of Justice (“DOJ”) and Globe Metallurgical, Inc. (“GMI”) entered into a Consent Decree (“CD”) in the United States District Court (Southern District of Ohio) addressing alleged Clean Air Act...more

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

Air Enforcement: United States Department of Justice and Owego, New York, Metal Shredding Facility Enter into Consent Decree

The United States Department of Justice (“DOJ”) entered into a Consent Decree (“CD”) with Upstate Shredding, LLC (“Upstate”) and Weitsman Shredding, LLC (“Weitsman”) addressing an alleged violation of an air permit. The...more

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

Safe Drinking Water Act Enforcement: U.S. Attorney's Office (Eastern District New York) Enters into Civil Settlement with County...

The United States Attorney for the Eastern District of New York (“AUSA”) entered into Consent Decree and Judgment (“Decree”) with the County of Suffolk, New York, and the following: Suffolk County Department of Parks and...more

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

Air Enforcement: Jefferson County, Alabama, Board of Health/Environmental Organizations Enter into Consent Decree with...

The Jefferson County, Alabama, Board of Health (“Health Department”) and Bluestone Coke, LLC, (“Bluestone”) entered into a December 9th Consent Decree (“CD”) addressing alleged violations of an air permit. See Case No.:...more

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

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

Air Enforcement: United States/State of Louisiana/Enter into Consent Decree with Rubber Manufacturing Facility Operator Addressing...

The Untied States Department of Justice (“DOJ”) and Louisiana Department of Environmental Quality (“LDEQ”) entered into a Consent Decree (“CD”) with Firestone Polymers, LLC (“Firestone”) addressing alleged Clean Air Act and...more

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

Motor Vehicle Idling/Air Enforcement: Conservation Law Foundation and Connecticut School Bus Operator Enter into Consent Decree

The Conservation Law Foundation, Inc. (“CLF”), and DATTCO, Inc. (“DATTCO”), entered into a Consent Decree (“CD”) addressing alleged violations of the Connecticut Clean Air Act State Implementation Plan provisions addressing...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

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

RCRA Citizen Suit: Federal District Court Addresses Scope of Term "Removal"

The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more

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

Municipal Stormwater Enforcement: U.S. Department of Justice and City of Colorado Springs, Colorado Enter into Consent Decree

The United States Department of Justice (“DOJ”) entered into an October 29th Consent Decree (“CD”) with the City of Colorado Springs, Colorado (“Colorado Springs”) addressing alleged Clean Water Act National Pollution...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Churchill Downs Louisiana Horseracing Company LLC Enter into...

The United States Environmental Protection Agency (“EPA”) and Churchill Downs Louisiana Horseracing Company LLC, d/b/a Fair Grounds Corporation (“Churchill Downs”) entered into a September 29th judicial Consent Decree (“CD”)...more

Benesch

DOJ Suspends Payments for Parties Owing Civil Penalties Under Consent Decrees Through May 2020

Benesch on

In memos dated March 31 and April 13, 2020, Corey Ellis, Acting Director of the U.S. Department of Justice’s (DOJ’s) Executive Office for United States Attorneys, temporarily suspended civil penalty payments, including...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

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

Citizen Suit Enforcement: Columbia Riverkeeper and Cashmere, Washington Fruit Processing Facility Enter into Consent Decree...

Columbia Riverkeeper (“Riverkeeper”) and Crunch Pak, LLC, (“Crunch”) entered into a January 7th Consent Decree in the United States District Court (Eastern District of Washington) addressing alleged violations of a Clean...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency/State of Arkansas Enter into Consent Agreement with Magnolia,...

The United States Environmental Protection Agency entered into a Consent Decree (“Decree”) with Delek Logistics Operating, LLC, and Sala Gathering Systems, LLC, (collectively Delek) to address alleged violations relating to a...more

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

Commercial Refrigerant/Air Enforcement: U.S. Department of Justice and Southeastern Grocers, Inc./Winn-Dixie Stores, Inc., Enter...

The United States Department of Justice (“DOJ”) and Southeastern Grocers, Inc., entered into an August 23rd Consent Decree (“Decree”) addressing alleged violations of the Clean Air Act. The Decree includes Southeastern...more

Nossaman LLP

NRD Consent Decree Shows Innovation Alive & Well at DOI

Nossaman LLP on

On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more

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

Volkswagen Settlement/Arkansas Mitigation Plan: Stuart Spencer (Arkansas Department of Environmental Quality) Arkansas Bar...

Stuart Spencer of the Arkansas Department of Environmental Quality (“ADEQ”) undertook a presentation at the March meeting of the Arkansas Bar Association Environmental Law Section titled: Volkswagen Settlement –...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County, Alabama Custom Paint...

The Alabama Department of Environmental Management (“ADEM”) and Titan Coatings, Inc. (“TCI”) entered into a September 5th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

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