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Environmental Policies Civil Monetary Penalty

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Baking Facility...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newly Weds Foods, LLC (“NWF”) entered into a March 25th Consent Administrative Order (“CAO”) addressing and alleged violation...more

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 13th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy Oil”) addressing alleged violations of the Tennessee Underground...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Charles Retail Motor Fuel Facility Enter into Administrative...

The Missouri Department of Natural Resources (“MDNR”) and Mac’s Convenience Stores LLC (“Mac’s”) entered into a February 26th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air...more

Harris Beach Murtha PLLC

NYC Large Building Owners May Owe Compliance Reports by May 1, 2025

New York Local Law 97 (“LL97”) is a landmark piece of climate legislation enacted as part of New York City’s broader Climate Mobilization Act. Passed in 2019, LL97 aims to drastically reduce greenhouse gas emissions from...more

Goldberg Segalla

Supreme Court Requires EPA to Set Specific Targets in Water Permits

Goldberg Segalla on

The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Air Curtain Incinerator...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Carthage Aluminum Extrusion Facility

The Tennessee Air Pollution Control Board issued a February 24th Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Bonnell Aluminum, Inc. (“Bonnell”) addressing an alleged Air Permit violation....more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Jonestown Cottonseed Oil Mill Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Cottonseed Co Op Corporation (“CCC”) entered into an October 25th Agreed Order (“AO”) addressing alleged violations of a Title V Operating Permit. See Order No....more

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

Brownfields Reauthorization Act of 2025: U.S. Senate Environment and Public Works Committee Passes Bill

Brownfields Reauthorization Act of 2025: U.S. Senate Environment and Public Works Committee Passes Bill - The United States Senate Environment and Public Works Committee (“Committee”) unanimously passed the Brownfields...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Bradley County Ready Mix Concrete Facility

The Tennessee Air Pollution Control Board (“Board”) issued a January 22nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Smyrna Ready Mix Concrete, LLC (“Smyrna”) addressing an alleged violation of...more

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

Drinking Water Enforcement: Arkansas Drinking Water Update Publication Announces Enforcement Orders for Three Water Systems

The Fall 2024 edition of the publication Arkansas Drinking Water Update (“Update”) summarized Enforcement Orders that were issued for three Arkansas water systems. The Update is published by the Engineering Section of...more

Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th Proposed Director’s Order and Assessment (“Order”) to Sherwin-Williams Company (“Sherwin-Williams”) addressing alleged violations of the...more

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

Pretreatment/Wastewater Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Pharmaceutical Manufacturing...

The Mississippi Commission on Environmental Quality and Natureplex entered into a May 3rd Agreed Order (“AO”) addressing alleged violations of the Clean Water Act Pretreatment Permit. See Order No. 7323 24. The AO...more

Seyfarth Shaw LLP

New Year, New Penalties: OSHA and USEPA Increase Penalties

Seyfarth Shaw LLP on

The federal Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (“EPA”) have published their 2025 increases to civil penalties....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

Troutman Pepper Locke

Connecticut AG Reaches $2M Settlement With Pike Fuels Over Environmental Protection Claims

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Connecticut Attorney General (AG) William Tong announced a $2 million settlement with Pike Fuels to resolve allegations that the company violated Connecticut environmental protection laws by, among other things, falsifying...more

Farella Braun + Martel LLP

The First U.S. EPR Law Specific to Textiles Signed into Law in California

On September 28, Governor Gavin Newsom signed California SB 707 (the Responsible Textile Recovery Act of 2024), which is the first extended producer responsibility (EPR) law in the U.S. that is specific to textiles....more

Cozen O'Connor

California Sues Exxon for Allegedly Fueling Plastics Pollution Crisis

Cozen O'Connor on

California AG Rob Bonta sued global energy giant ExxonMobil Corporation for allegedly deceiving the public about the recyclability of plastic products and creating a global plastics pollution crisis in violation of state...more

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

Holland & Hart LLP on

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...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

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

Community Air Monitoring: Louisiana State Legislature Proposes to Impose Standards

The Louisiana State Legislature has passed legislation titled: Louisiana Community Air Monitoring Reliability Act (“Monitoring Act”) The Monitoring Act awaits a decision by Louisiana’s Governor....more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Thousand Oaks, California Medical Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Los Robles Hospital Medical Center (“ Los Robles”) entered into a March 27th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Federal...more

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

Air Enforcement: Bay Area Air Quality Management District and City of Berkeley, California, Landfill Enter into Settlement...

The Bay Area Air Quality Management District (“District”) and City of Berkeley, California (“Berkeley”) on April 4th entered into a Settlement Agreement (“Agreement”) addressing alleged violations of California Air...more

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

Troutman Pepper Locke on

California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

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