News & Analysis as of

Environmental Violations Noncompliance

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

U.S. Environmental Protection Agency Complaint/Notice of Opportunity for Hearing Addressing Kapolei, Hawaii Waste Recycling...

The United States Environmental Protection Agency (“EPA”) filed a Complaint and Notice of Opportunity for Hearing (“Complaint”) against Unitek Solvent Services, Inc. (“Unitek”) on August 6th alleging violations of the Hawaii...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Grenada County Lumber Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hankins Lumber Company Inc. (“Hankins”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Title V Operating Permit. See Order...more

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

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

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and USNR, LLC d/b/a Timber Automation, LLC (“USNR”) entered into a September 25th Consent Administrative Order (“CAO”) addressing...more

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

Pretreatment/Clean Water Enforcement: Alabama Department of Environmental Management and Decatur Soybean Processing/Oil Refinery...

The Alabama Department of Environmental Management (“ADEM”) and Bunge North America (“BNA”) entered into a November 8th Consent Order (“CO”) addressing alleged violations of a Clean Water Act State Indirect Discharge (“SID”)...more

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

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

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

Environmental Services Agreement: Federal Court Addresses Limitation of Liability Clause

The United States District Court for the Middle District of Georgia (“Court”) addressed in an April 27th Order issues arising out of an environmental services agreement. See Thiele Kaolin Company v. Environmental Resources...more

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

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

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

NPDES Permits/Clean Water Act: U.S. Environmental Protection Agency/Association of Clean Water Administrators Announce Reduction...

The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Hoxie Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Hoxie (“Hoxie”) entered into a March 25th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Baker Donelson

Environmental Prosecutions Increased in Pandemic Year

Baker Donelson on

It is worthwhile for plant managers and environmental managers to pay attention to the types of cases involving environmental violations which are selected by regulators and prosecutors for criminal enforcement. That is...more

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

U.S. Environmental Protection Agency National Compliance Initiative/Clean Water Act: Reducing Significant Non-Compliance with...

The United States Environmental Protection Agency (“EPA”) issued a September 2020 Compliance Advisory titled: National Compliance Initiative: Reducing Significant Non-Compliance with National Pollutant Discharge...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Jefferson County Military...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the U.S. Army, Pine Bluff Arsenal (“the Arsenal”) entered into an August 25th Consent Administrative Order (“CAO”) addressing...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pulaski County Steel Pipe...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Welspun Tubular, LLC, (“Welspun”) entered into an August 25th Consent Administrator Order (“CAO”) addressing alleged violations...more

Pullman & Comley, LLC

Company How To: Maintaining Environmental Enforcement Compliance

Pullman & Comley, LLC on

The myriad of national and local responses to the COVID-19 pandemic—including, inter alia, forced business closings, stay-in-shelter orders, social distancing directives, and the like—present new challenges to entities with...more

Sheppard Mullin Richter & Hampton LLP

U.S. EPA’s Temporary COVID-19 Enforcement Discretion Policy

On Thursday, March 26, the United States Environmental Protection Agency (“EPA”) announced and issued a Memo establishing an agency-wide temporary enforcement policy suspending or staying a broad array of enforcement efforts...more

Snell & Wilmer

EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

Snell & Wilmer on

EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring,...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Pandemic Will Soon be Impacting Compliance with and Enforcement of Environmental Laws

EPA existing guidance provides some conceptual anchoring for informing evolving risk management considerations. - Regulated parties face disruption of their ability to comply with environmental, health & safety laws due...more

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