News & Analysis as of

Enforcement Actions Penalties Environmental Protection Agency (EPA)

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

Clean Water Act: U.S. Environmental Protection Agency and Reno, Nevada Master-Planned Community Development Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Nevada Tri Partners, LLC (“NTP”), and Damonte Ranch Commerce Center, LLC (“Damonte”) entered into a July 1st Consent Agreement and Final Order (“CAFO”) addressing...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...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,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Calhoun County Metal Plating Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Industrial Plating CO., Inc. (“IP”) entered into July 9th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Searcy Compression Station...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...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

Beveridge & Diamond PC

EPA Continues Focus on Antimicrobial Pesticide Enforcement in 2025

Key Takeaways - What Happened: EPA continues to assess significant penalties against manufacturers and distributors of antimicrobial products under the new administration....more

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

Air Enforcement: U.S. Environmental Protection Agency and Willow Island, West Virginia Industrial Coatings Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Allnex USA Inc. (“Allnex”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of an Air Permit. See Docket No. CAA-03-2025-0036....more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency Complaint/Compliance Order Addressing Isabel, South Dakota Facility

The United States Environmental Protection Agency (“EPA”) filed a Complaint, Compliance Order, and Notice of Opportunity for Hearing (“Complaint”) on June 16th to Jack’s Service Center (“JSC”) for alleged violations of the...more

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

Air Enforcement: U.S. Environmental Protection Agency and East Alton, Illinois Brass/Bronze Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Wieland Rolled Products (“WRP”) entered into a June 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act New Source...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Department of Corrections Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Washington, D.C. Department of Corrections (“D.C.”) entered into a June 10th Consent Agreement (“CA”) addressing alleged violations of the federal Underground...more

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Cactus, Texas Beef Processing Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Cactus Beef Processing Facility (“Cactus”) entered into a May 15th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section 112(r(7) of...more

Bergeson & Campbell, P.C.

EAB Issues Consent Agreement and Final Order for TSCA Section 5 Violations

On May 5, 2025, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement, in 2022,...more

Bergeson & Campbell, P.C.

EPA Releases New TSCA and FIFRA Enforcement Policies

On January 17, 2025, days before the end of President Biden’s term, the U.S. Environmental Protection Agency (EPA) released two new enforcement documents: (1) Expedited Settlement Agreement (ESA) Pilot Program Under the...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

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

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Harris Beach Murtha PLLC

EPA Releases PFAS Reporting Rule

Harris Beach Murtha PLLC on

TCSA-Based Requirement Covers Manufactured and Imported Items - The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring reporting of historic...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

(ACOEL) | American College of Environmental...

Environmental Penalties: Disparity and Discretion

Environmental law enforcement seeks to achieve greater compliance by punishing intentional violations and ensuring that violators do not achieve a competitive advantage through avoidance of compliance costs. To achieve that...more

Troutman Pepper Locke

DOJ Offers Reprieve from Stipulated Penalty Payments Through at Least May 31 in Response to COVID-19

Troutman Pepper Locke on

The U.S. Department of Justice (DOJ) is quietly taking steps to provide financial relief during the COVID-19 pandemic. In an April 14 model letter, DOJ offered to temporarily suspend its collection of stipulated penalty...more

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

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Firearms Manufacturer...

The United States Environmental Protection Agency (“EPA”) and Smith & Wesson Corp. (“Smith & Wesson”) entered into an April 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of: . . . Section...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

Beveridge & Diamond PC

Central Massachusetts Sand and Gravel Company Hit with $120,000 Civil Penalty for Air Violations

Beveridge & Diamond PC on

Kimball Sand Company, Inc. agreed to pay a civil penalty of $120,000 and implement corrective actions as part of a Consent Agreement and Final Order resolving allegations that Kimball operated stone crushing and processing...more

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