News & Analysis as of

Environmental Violations Appeals Civil Monetary Penalty

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

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,...

Removal of Affirmative Defense Provisions/NESHAP: U.S. Environmental Protection Agency Proposal Addressing Oil and Natural Gas...

The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Jasper Steel Galvanizing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a May 4th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AZZ Galvanizing – Chattanooga LLC (“AZZ”) addressing an alleged violation...more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Rocky Top Office...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 12th proposed Director’s Order and Assessment (“Order”) to Ultra Tech Extrusions of Tennessee, Inc. (“Ultra Tech”) addressing alleged...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Newport Concrete Company

The Tennessee Air Pollution Control Board ("Board") issued a proposed Technical Secretary's Order and Assessment of Civil Penalty ("Order") on March 15th to Hommel Concrete Company ("HCC"). See APC22-0192. The Order...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Lawrenceburg Metal Fabrication Facility

The Tennessee Air Pollution Control Board (“Board”) issued a November 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Assurance Operations Corporation d/b/a AOC Metal Works (“Assurance”)....more

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

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order and Assessment Addressing Chattanooga...

The Tennessee Department of Environment & Conservation Division of Underground Storage Tanks (“Division”) issued a Proposed Order and Assessment (“Order”) to South Broad Fueling Systems, LLC (“South Broad”) addressing an...more

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

Storage Tank Enforcement: Department of Environment and Conservation Proposed Order Related to LaFollette, Tennessee, Owner

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed September 24th Order and Assessment (“Order”) to Big Creek Market, LLC, (“BCM”) regarding alleged violations of the Tennessee Underground...more

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

Stormwater Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Related to DeKalb County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) addressing alleged Clean Water Act stormwater permitting violations by Sequatchie County Scrap...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order and Assessment Addressing Memphis System

The Tennessee Department of Environment and Conservation (“TDEC”) issued an Order and Assessment (“Order”) to Mac’s Convenience Stores LLC (“Mac’s”) for alleged violation of the Tennessee Underground Storage Tank (“UST”)...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

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