News & Analysis as of

Enforcement Consent Agreements

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

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

Wastewater Enforcement: U.S. Environmental Protection Agency and Monroe, Michigan Coal-Fired Powerplant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and DTE Electric Company (“DTE”) entered into a Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Clean Water Act National Pollutant...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Golden Meadow, Louisiana Port Services Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and HOS Port, LLC (“HOS”) entered into an October 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Deposit, New York Quarry Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Sanford Stone, LLC (“Sanford”) entered into a November 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Golden Meadow, Louisiana Port Service Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and HOS Port, LLC (“HOS”) entered into an October 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and...more

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

SPCC Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Hartford, Illinois Petroleum Storage/Distribution...

The United States Environmental Protection Agency (“EPA”) and Hartford Wood River Terminal, LLC (“Hartford Wood”) entered into an October 25th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of The...more

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

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Redding, California Fuel Transport Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Shasta-Siskiyou Transport (“SST”) entered into a May 30th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Cwa-09-2024-0042. ...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Wheeling, Illinois Solvent/Paint Coatings Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Sunnyside Corporation (“Sunnyside”) entered into a June 4th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Illinois Hazardous...more

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

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Colorado Springs Scrap Metal Recycling Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and American Iron and Metal (“American Iron”) entered into a May 9th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the regulations...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Fredonia, Kansas Hazardous Waste Management Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Systech Environmental Corp. (“STC”) entered into a February 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal/Kansas hazardous waste...more

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

FIFRA Enforcement: US Environmental Protection Agency and Paris, Missouri Pesticide Dealer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Logan Agride – Service, Inc (“Logan”) entered into an April 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Federal...more

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

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Andrews, Texas Radioactive Waste Treatment/Disposal Facility...

The United States Environmental Protection Agency (“EPA”) and Waste Control Specialists (“WCS”) entered into a February 24 Consent Agreement and Final Order (“CAFO”) alleging violations of certain Texas/federal hazardous...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Shreveport, Louisiana, Refinery Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Calumet Shreveport Refining, LLC (“Calumet”) entered into an October 25th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Cranston, Rhode Island, Beverage Manufacturing/Bottling Facility...

The United States Environmental Protection Agency (“EPA”) and Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc., (collectively, “Pepsi”) entered into a September 25th Consent...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Waco, Texas, Aviation Support Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and RAM Aircraft, L.C. (“RAM”) entered into a July 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violation of the Resource Conservation and...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Borger, Texas, Refinery Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Phillips 66 Company (“Phillips 66”) entered into a September 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Kutztown, PA, Storage/Distribution Automotive Products...

The United States Environmental Protection Agency ("EPA") and Advance Stores Company, Inc. and Advance Auto Distribution Center ("Advance" collectively") entered into a May 19th Consent Agreement ("CA") addressing alleged...more

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

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Kansas Oil and Gas Exploration, Development and...

The United States Environmental Protection Agency (“EPA”) and Colt Energy, Inc. (“CEI”) entered into a May 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal regulations found at 40 CFR Part 112 setting...more

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

Safe Drinking Water Act/Underground Injection Well Enforcement: U.S. Environmental Protection Agency and El Centro, California,...

The United States Environmental Protection Agency (“EPA”) and Imperial Irrigation District (“IID”) entered into an April 11th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Safe Drinking Water...more

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