News & Analysis as of

Enforcement Environmental Violations Clean Air Act

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

McGlinchey Stafford on

In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

Holland & Hart LLP on

On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Moss Bluff Compressor Station Operator Enter into Settlement...

The Louisiana Department of Environmental Quality (“LDEQ”) and Cameron Interstate Pipeline, LLC (“Cameron”) entered into a settlement agreement (“SA”) addressing violations of the Louisiana Air regulations....more

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

Odor/Air Enforcement: Massachusetts Attorney General Files Judicial Action Against Grafton Animal Feed Dehydrator Operation

The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more

Pillsbury Winthrop Shaw Pittman LLP

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

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

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...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

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...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,...

Air Enforcement: Mississippi Commission on Environmental Quality and Crenshaw Ceramics Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Kentucky-Tennessee Clay Company (“KTCC”) entered into a May 31st Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V Operating Permit....more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Carbon Manufacturing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7242 23. ...more

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

Air Enforcement: U.S. Environmental Protection Agency and Illinois Municipal Utility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Blue Mountain Mining Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Blue Mountain Production Company (“Blue Mountain”) entered into an October 24th Agreed Order (“AO”) addressing alleged violation of a Clean Air Act Title V...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Hamilton Manufacturing Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tronox, LLC (“Tronox”) entered into a July 19th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7203 22....more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

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

Criminal Enforcement/Clean Air Act: U.S. Department of Justice News Release States Louisiana Company/Owner Plead Guilty to...

The United States Department of Justice (“DOJ”) announced in a March 15th news release that Power Performance Enterprises Inc. (“PPEI”) and its owner (Kory B. Willis) pleaded guilty to : Conspiracy to violate the Clean...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,...

Air Enforcement: Louisiana Department of Environmental Quality and Bossier Parish Natural Gas Compressor Station Operator Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Gulf South Pipeline Company, LP (“Gulf South”) entered into a Settlement to address alleged air permit violations. See Settlement Tracking No. SA-AE-21-0032....more

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

Air Enforcement: U.S. Environmental Protection Agency Notice of Violation Issued to Pittsburg, Pennsylvania, Metal Scrap Shredding...

The United States Environmental Protection Agency (“EPA”) issued an October 4th Notice of Violation and Opportunity to Confer (“NOV”) to Metalico Pittsburgh, Inc. (“MPI”) alleging violations of the Clean Air Act and certain...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

King & Spalding

U.S. Government’s Continued Focus on Large Ship Air Emissions

King & Spalding on

The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more

Miles & Stockbridge P.C.

EPA’s Partnership Policy Formally Delegates Primary Enforcement Implementation to State Agencies While Retaining Concurrent...

On July 11, 2019, the Environmental Protection Agency (the “EPA”) finalized its policy (the “Policy”) to defer environmental investigations and enforcement actions to authorized state agencies as the “primary implementer.”...more

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