News & Analysis as of

Consent Order Enforcement

Vinson & Elkins LLP

Prior Approval Remedies in M&A: Agency Policy and Practice

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For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more

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Safe Drinking Water Act Enforcement: U.S. Department of Justice and Thermal, California Mobile Home Park Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the federal Environmental Protection Agency (“EPA”) entered into a January 16th Consent Decree (“CD”) with the operators of the Oasis Mobile Home Park (“Park”) for...more

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

Solid Waste Enforcement: Alabama Department of Environmental Management and Selma Construction and Debris Landfill Enter into...

The Alabama Department of Environmental Management (“ADEM”) and City of Selma entered into a December 11th Special Order by Consent (“Order”) addressing alleged violations of a Solid Waste Disposal Permit. See Order No....more

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

Air Enforcement: Alabama Department of Environmental Management and Mobile Sawmill Facility Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Scotch and Gulf Lumber, LLC (“Scotch”) entered into a December 11th Consent Order (“CO”) addressing an alleged violation of a Clean Air Act Title V Major Source...more

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

Air Enforcement: Alabama Department of Environmental Management and Chambers County Strandboard Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Fraser US EWP LLC (“West Fraser”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No....more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Space Flight Center Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and George C. Marshall Space Flight Center (“MSFC”) entered into a July 10th Consent Order (“CO”) addressing an alleged violation of the Alabama Hazardous Waste...more

Sheppard Mullin Richter & Hampton LLP

Fed Cracks Down on Utah Bank for Alleged Compliance Failures with $44 Million Fine

On a July 19, the Federal Reserve Board announced it has issued a consent order against a Utah-based bank and its parent company for engaging in unfair and deceptive acts and practices in violation of Section 5(a)(1) of the...more

McNees Wallace & Nurick LLC

Settlement Negotiations Unraveled: Key Lessons from Armstrong Township v. Choice FuelCorp, Inc.

In an unreported panel decision of Armstrong Township v. Lycoming County Board of Assessment Appeals and Choice FuelCorp, Inc., 140 C.D. 2022 (Pa. Cmwlth. Ct. Apr. 5, 2024), the Commonwealth Court of Pennsylvania reversed the...more

Arnall Golden Gregory LLP

Q&A With Allison Raley: Defending Against Government Investigations

Q: What are the primary areas of focus in your practice related to government investigations? A: My practice primarily focuses on defense against enforcement actions brought by regulatory bodies such as the Office of Foreign...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Refuse Truck Body Manufacturer Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and the Heil Company, Inc. (“Heil”) entered into a June 12th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

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

Water Enforcement: Alabama Department of Environmental Management and Birmingham Ice Cream Products Manufacturing Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and DFA Dairy Brands Ice Cream, LLC d/b/a Mayfield Ice Cream of Birmingham (“Mayfield”) entered into a May 21st Consent Order (“CO”) addressing alleged violations of...more

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

Air Enforcement: Alabama Department of Environmental Management and National Cement Company of Alabama, Inc. Enter Into Consent...

Alabama Department of Environmental Management (“ADEM”) and National Cement Company of Alabama, Inc. ("National Cement") Enter Into Consent Order ("CO") addressing alleged violations of an air permit. See Consent Order No....more

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

Air Enforcement: Alabama Department of Environmental Management and Mobile County Chemical Manufacturing Plant Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Evonik Corporation (“EC”) entered into a May 8th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-XXX-CAP. The...more

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

Air Enforcement: Alabama Department of Environmental Management and Columbia Ethylene Oxide Sterilization Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and GRI-APS (“GRI”) entered into a April 16th Consent Order (“CO”) addressing an alleged violation of the ADEM Administrative Code addressing air requirements. ...more

Sheppard Mullin Richter & Hampton LLP

FDIC Issues Orders Against Two More Banks Over Fintech Partnerships

In the FDIC’s latest monthly update on enforcement decisions and orders, the agency published recent consent orders it entered against both a New York-based and an Ohio-based bank, the latest in the agency’s series of...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Glencoe Hazardous Waste Treatment, Storage and...

The Alabama Department of Environmental Management (“ADEM”) and Clean Earth of Alabama, Inc. (“Clean Earth”) entered into a January 9th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste...more

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

Air Enforcement: Alabama Department of Environmental Management and Monroe County Production/Extraction Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Hilcorp Energy Company, Inc. (“Hilcorp”) entered into an August 31st Consent Order (“CO”) addressing alleged violations of the Alabama Air Regulations. The...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Huntsville Hazardous Waste Management Facility...

The Alabama Department of Environmental Management (“ADEM”) and Safety-Kleen Systems, Inc. (“Safety-Kleen”) entered into a Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

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

Tire/Solid Waste Enforcement: Alabama Department of Environmental Management and Covington County Construction/Demolition Landfill...

The Alabama Department of Environmental Management (“ADEM”) and Ashberry Landfill, LLC (“Ashberry Landfill”) entered into a December 16th Special Order by Consent (“Order”) addressing alleged violations of a Solid Waste...more

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

Pretreatment/Clean Water Enforcement: Alabama Department of Environmental Management and Decatur Soybean Processing/Oil Refinery...

The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more

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

Pretreatment Enforcement/Clean Water Act: Alabama Department of Environmental Management and Polyethylene Terephthalate Pellet...

The Alabama Department of Environmental Management and Indorama Ventures Sustainable Solutions LLC (“IVSS”) entered into an October 19th Consent Order (“CO”) addressing alleged violations of a State Indirect Discharge (“SID”)...more

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

Air Enforcement: Alabama Department of Environmental Management and Escambia County Natural Gas Processing Plant Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Escambia Operating Co., LLC (“EOC”) entered into a September 6th Consent Order (“CO”) addressing an alleged violation of an air permit. The CO provides that...more

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

Transportation/Used Oil Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama, Oil Recycling...

The Alabama Department of Environmental Management (“ADEM”) and Rylie Oil Recycling, LLC, (“ROR”) entered into a September 22nd Consent Order (“CO”) addressing alleged violations of the Alabama regulations addressing used oil...more

Lippes Mathias LLP

FTC Enforces Section 8 of the Clayton Antitrust Act

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It has been over 40 years since the Federal Trade Commission (“FTC”) has enforced Section 8 of the Clayton Act. Section 8 prohibits interlocking directorates among competing businesses, specifically referring to boards of...more

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Electronic Waste/Criminal Enforcement: New York Attorney General Announces Convictions of Recycling Companies/Individuals for...

The New York Attorney General (“AG”) and New York Department of Environmental Conservation Commissioner (collectively, “AG”) announced in a September 14th news release the convictions of ALPCO Recycling, Inc., Alton Plumb,...more

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