News & Analysis as of

Enforcement Environmental Protection Agency (EPA) Permits

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Brownstein Hyatt Farber Schreck

Supreme Court Makes Waves In San Francisco Ruling

When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Mintz on

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

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

FY 2025-2026 Draft National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of...

The National Association of Clean Air Agencies (“NACAA”) sent a June 10th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2025-2026 National Program Guidance...more

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

Hazardous Waste Management Program Implementation Costs: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a November 2023 report titled: Hazardous Waste Management Program Implementation Costs Report (“Report”) - The Report was...more

ArentFox Schiff

EPA Removes Emergency Affirmative Defense for Title V Air Permits

ArentFox Schiff on

On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under...more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Mississippi County Steel Mill...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Nucor Corporation (“Nucor”) entered into a November 28th Consent Administrative Order (“CAO”). See LIS No. 22-114. The CAO...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Dothan Aircraft Repair/Refurbishment Facility...

The Alabama Department of Environmental Management (“ADEM”) and Commercial Jet Services LLC (“CJS”) entered into an April 21st Consent Order (“CO”) addressing alleged violations of the Alabama hazardous waste regulations. See...more

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

Air Enforcement: U.S. Environmental Protection Agency and Mason City, Iowa, Portland Cement Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Lehigh Cement Company LLC (“Lehigh”) entered into a November 17th Consent Agreement (“CA”) addressing alleged violations of a Clean Air Act Title V Permit. See...more

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

Air Enforcement: Alabama Department of Environmental Management and Ashville Secondary Aluminum Processing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Grooms Aluminum Processors (“GAP”) entered into a September 9th Consent Order (“CO”) addressing alleged violations of an air permit. The CO provides that...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Lives On (For Now) — A Split Decision for Ameren

The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more

Miller Canfield

Complying with Environmental Regulations During COVID-19 Shutdowns/Slowdowns

Miller Canfield on

Environmental compliance obligations (e.g. emission and discharge limitations, testing and sampling requirements, and monitoring and reporting obligations) continue to apply even when operations have been shuttered or...more

Troutman Pepper Locke

Federal And State Environmental Authorities Respond To COVID-19

Troutman Pepper Locke on

Federal and State environmental agencies are modifying their usual compliance procedures, including deadlines, to accommodate the various challenges presented by the COVID-19 pandemic. While a number of States initially...more

Kelley Drye & Warren LLP

EPA Issues Temporary COVID-19 Relaxed Enforcement Policy

On March 26, 2020, the U.S. Environmental Protection Agency (“EPA” or “Agency”) sent a Memorandum to all governmental and private sector partners titled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance...more

Schwabe, Williamson & Wyatt PC

COVID-19: Impacts on Environmental Compliance, Inspections, and Enforcement (Updated 03/27/2020)

The disruption caused by the COVID-19 pandemic has upended nearly every segment of the economy and government, including environmental compliance and regulation. As a result, state and federal regulatory agencies are...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

Williams Mullen on

In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

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

Arkansas Department of Environmental Quality Office of Air Quality: Quarterly Newsletter (Spring 2018)

The Arkansas Department of Environmental Quality (“ADEQ”) published the Spring 2018 edition of its quarterly newsletter (“Newsletter”). The Newsletter identifies and summarizes a variety of issues and developments related...more

Eversheds Sutherland (US) LLP

EPA to Publish Rule Rescinding Greenhouse Gas Permits and Will Not Enforce Existing Permits

On December 19, the U.S. Environmental Protection Agency (EPA) issued two memos – Next Steps for Addressing EPA-Issued Step 2 Prevention of Significant Deterioration Greenhouse Gas Permits and Associated Requirements and No...more

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