News & Analysis as of

Environmental Protection Agency (EPA) Reporting Requirements Environmental Violations

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

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Former Nashville,...

The United States Environmental Protection Agency (“EPA”) and Cargill Meat Solutions Corporation (“Cargill”) entered into an August 18th Consent Agreement (“CA”) addressing an alleged violation of the federal Emergency...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Greenwood Soybean Processing/Oil Extraction Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Oxbow Greenwood, LLC (“OG”) entered into a July 3rd Agreed Order 9 (“AO”) addressing alleged violations of an Air Permit. See Order No. 7520 25....more

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

Refrigerant Regulations/Air Enforcement: U.S. Environmental Protection Agency and East Brunswick, New Jersey HVAC Company Enter...

The United States Environmental Protection Agency (“EPA”) and Gold Medal Service (“GMS”) entered into an April 7th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations 40...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Cedar Rapids, Iowa Industrial Paint Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Klinger Paint Company, Inc. (“Klinger”) entered into a January 7th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource...more

Womble Bond Dickinson

EPA to Increase Review of Voluntary Self-Disclosures of Violations

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On June 30, 2022 the EPA Office of Inspector General (“OIG”) issued the results of an evaluation to determine if EPA’s process for screening self-reported environmental violations through electronic disclosure is effective....more

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

Air Enforcement: U.S. Environmental Protection Agency and North Salt Lake, Utah, Medical Waste Incinerator Operator Enter into...

The United States Department of Justice, on behalf of the United States Environmental Protection Agency, and Stericycle Inc. (“Stericycle”) entered into a January 29th Consent Decree (“CD”) addressing alleged violations of...more

Fox Rothschild LLP

Important Amendments To TSCA Chemical Data Reporting Rule And New Reporting Deadline

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The EPA recently amended the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule, including revisions to reporting requirements, definition updates and an extension of the 2020 CDR submission period. The...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

Stoel Rives LLP on

Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

Vinson & Elkins LLP on

Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

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

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

Latham & Watkins LLP

D.C. Circuit: No FCA Liability for Unassessed Regulatory Penalties

Latham & Watkins LLP on

Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations. The United States Court of Appeals for the D.C. Circuit issued a decision in United...more

Jones Day

D.C. Circuit Rejects Novel Theory of Reverse False Claims Liability for Reporting Violations

Jones Day on

The Situation: In U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corporation, the relator alleged reverse false claims liability under the False Claims Act ("FCA") for the defendants' purported failure to comply with...more

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

Emergency Planning and Community Right-to-Know Act (EPCRA) Enforcement: U.S. Environmental Protection Agency and Tampa, Florida...

The United States Environmental Protection Agency (“EPA”) and Tampa Steel Erecting Company (“Tampa Steel”) entered into an October 16th Consent Agreement and Final Order (“CAFO”) to address alleged violations of the Emergency...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Vonore, Tennessee Boat Manufacturing...

The Tennessee Air Pollution Control Board (“TAPCB”) issued a September 11th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Yamaha Jet Boat Manufacturing U.S.A., Inc. (“Yamaha”) for an alleged...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

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

U.S. Environmental Protection Agency Office of Inspector General Project Notification: Evaluation of Importers' and Manufacturers'...

The United States Environmental Protection Agency (“EPA”) has issued an August 22nd Project Notification titled: Evaluation of Importers’ and Manufacturers’ Chemical Data Reporting Under the Toxic Substance Control Act. ...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

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