News & Analysis as of

Environmental Policies Enforcement Actions Compliance

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,...

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

EPR Group Consulting Inc.

What Are Consequences for Failure to Comply With EPR Deadlines?

March includes a major deadline for companies obligated under Extended Producer Responsibility (EPR) laws for packaging and paper. By March 31, 2025, Oregon’s program requires that “producers” under the law must register with...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

A&O Shearman

Carbon fraud is on the rise—but so is the regulatory counteroffensive

A&O Shearman on

At COP29 in Baku, new rules were adopted for carbon markets under Article 6 of the Paris Agreement. These rules are meant to increase the transparency of the country-to-country trading of carbon credits under Article 6.2....more

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

Storage Tank Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Addressing Fayette Facility...

The Alabama Department of Environmental Management (“ADEM”) issued on February 12th a Proposed Administrative Order (“AO”) to Dodson Oil Co. of Fayette, Inc (“Dodson”) alleging violations of certain Alabama environmental...more

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

Air Enforcement; Missouri Department of Natural Resources and West Plains Lumber Coating Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and AHF, L.L.C. d/b/a AHF of Pennsylvania, LLC (“AHF”) entered into a February 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri...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,...

Air Enforcement: Missouri Department of Natural Resources and Malden Power Station Enter into Administrative Order on Consent

The Missouri Department of Natural Resources (“MDNR”) and the City of Malden d/b/a Malden Municipal Power and Light (“MMP&L”) entered into a January 15th Administrative Order on Consent (“AOC”) addressing an alleged violation...more

McGlinchey Stafford

Manufacturer’s EPA Compliance Audits: Regulatory Expectations Under Trump 2.0

McGlinchey Stafford on

The regulatory landscape likely to characterize President Donald Trump’s second term will create important implications for conducting U.S. Environmental Protection Agency (EPA) compliance audits within the manufacturing...more

Davies Ward Phillips & Vineberg LLP

The Canadian Competition Bureau’s Draft Guidance for Going Green

In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...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

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

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

Husch Blackwell LLP on

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more

Pillsbury - PFAS Observer

New York and California’s Restrictions on PFAS in Apparel Takes Effect

New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of...more

Stikeman Elliott LLP

Competition Bureau Releases Proposed Guidelines on Environmental Claims: Key Updates for Businesses

Stikeman Elliott LLP on

The Competition Bureau has released proposed guidelines for environmental claims following the recent greenwashing amendments to the Competition Act. The draft guidelines outline the Bureau's interpretation and enforcement...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

Holland & Knight LLP

Modificación del régimen sancionatorio ambiental en Colombia

Holland & Knight LLP on

Hay siete novedades relevantes que las empresas en Colombia deben tener en cuenta con ocasión de la sanción de la Ley 2387 del 25 de julio de 2024, que modifica el régimen sancionatorio ambiental contenido en la Ley 1333 de...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

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

Holland & Knight LLP on

A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing Bartlett...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 22nd proposed Order and Assessment (“Order”) to Diamond Investment LLC (“DI”). See Case No. UST23-0151. The Order provides that DI is the...more

Holland & Hart LLP

New Mexico Announces New Crack Down on O&G Operations

Holland & Hart LLP on

Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

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