News & Analysis as of

Environmental Violations Enforcement Permits

McGlinchey Stafford

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

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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

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Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

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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

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Wastewater Enforcement: Mississippi Commission on Environmental Quality and Heidelberg Petroleum Refinery Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hunt Southland Refining Company LLC (“Hunt”) entered into a November 18th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National...more

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Air Enforcement: Alabama Department of Environmental Management and Chambers County Strandboard Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Fraser US EWP LLC (“West Fraser”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No....more

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Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged...more

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Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fort Smith Silica Product...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Covia ISP, Inc. (“Covia”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pine Bluff Rice Milling...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Western Foods Delta Region (“Western”) entered into a March 26th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Monticello Powdered Activated...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Envirapac Monticello, LLC (“EML”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged violations...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Huntsville Charcoal...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Royal Oak Enterprises, LLC (“Royal Oak”) entered into a December 11th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Louisiana Department of Environmental Quality and New Orleans Energy Provider Enter into Settlement Agreement

The Louisiana Department of Environmental Quality (“LDEQ”) and Brookfield District Energy (“Brookfield”) entered into a Settlement Agreement (“Agreement”) addressing alleged violations of an air permit. See SA-AE-230053. ...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Federal Bureau of Prisons...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Federal Bureau of Prisons (“FBOP”) entered into a November 16th Consent Administrative Order (“CAO”) addressing an alleged...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Stuttgart Agricultural...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Riceland Foods, Inc. (“Riceland”) entered into a November 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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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

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Huntsville Electronic...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Ducommun Labarge Technologies, Inc. (“DLT”) entered into a September 26th Consent Administrative Order (“CAO”) addressing an...more

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Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hot Springs Aircraft...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Triumph Airborne Structures, LLC, (“Triumph) entered into an August 14th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Miller County Sand Processing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Samsand, LLC (“Samsand”) entered into a June 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Bearden Asphalt Plant...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jet Asphalt & Rock Co., Inc., (“Jet”) entered into a June 16th Consent Administrative Order (“CAO”) to address an alleged...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

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Siloam Springs Rubber Belt...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Gates Corporation (“Gates”) entered into a June 19th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Blytheville Tubing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) entered into a June 8th Consent Administrative Order (“CAO”) with Maverick Tube Corporation (“MTC”) addressing an alleged violation...more

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Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

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