News & Analysis as of

Environmental Violations NPDES Storm Water

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Property Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and CPJ, LLC (“CPJ”) entered into a March 24th Agreed Order (“AO”) addressing alleged violations of a stormwater permit. See Order No. 7468 25....more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Auburn, Washington Wood Pallet Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and A-1 Pallets, Inc. (“A-1”) entered into a February 13th Consent Agreement (“CA”) alleging violations of the Clean Water Act National Pollutant Discharge Elimination...more

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

Waters of the United States/ Construction General NPDES Stormwater Permit: Federal District Court Addresses Request to Dismiss...

A United States District Court (D. Massachusetts) (“Court”) addressed in a February 25th Memorandum and Order (“Memorandum”) an issue arising pursuant to a Clean Water Act citizen-suit action. See Blackstone Headwaters...more

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Stormwater Enforcement: US Environmental Protection Agency and Leesville, South Carolina Timber Products Facility Enter Into...

The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Leesville, South Carolina Timber Products Facility Enter Into...

The United Stated Environmental Protection Agency (“EPA”) and South Carolina Pole and Piling, Inc (“SCPPI”) entered into a February 11th Expedited Settlement Agreement and Final Order (“Agreement”) addressing alleged...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Damascus...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Newrays One, LLC (“Newrays”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an alleged violation...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Oltmans Development, Inc. (“ODI”) entered into a December 10th Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Deposit, New York Quarry Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Sanford Stone, LLC (“Sanford”) entered into a November 8th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Foxworth Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Marion County Timber, Inc. (“Marion”) entered into a May 2nd Agreed Order (“AO”) addressing an alleged violation of the Mississippi statute implementing the...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Baldwin County Residential Developer Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and DR Horton Inc. – Birmingham (“DR”) entered into a September 21st Special Order by Consent (“Consent Order”) addressing alleged violations of an NPDES general...more

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Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

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Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

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

Stormwater/Citizen Suit Enforcement: Coosa Riverkeeper, Inc., Alleges Violations by Alabama Homebuilder

The Southern Environmental Law Center on behalf of Coosa Riverkeeper, Inc., (“CRI”) filed a Complaint in the United States District Court (Northern District of Alabama) against Newcastle Homes, Inc. (“Newcastle”) alleging...more

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

Construction/Stormwater: Mississippi Commission on Environmental Quality and Marshall County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Porter Construction MS, LLC (“Porter”) entered into an October 28th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Administrative Code...more

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

Stormwater Enforcement/Construction: Alabama Department of Environmental Management and Tuscaloosa County Commercial Development...

The Alabama Department of Environmental Management (“ADEM”) and Quiktrip Corporation (“Quiktrip”) entered into an October 6th Consent Order (“CO”) addressing alleged violations of an ADEM National Pollution Discharge...more

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

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tishomingo County Airport (Belmont) Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tishomingo County Airport (Belmont) (“Airport”) entered into a May 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to...more

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

Stormwater Enforcement: Alabama Department of Environmental Management and Jefferson County Developer Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and USS Real Estate (“USS”) entered into a Consent Order (“CO”) addressing alleged violations of an NPDES General Permit (Stormwater)(“Permit”). The CO provides...more

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

Solid Waste/Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Little River County (“Little River”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing alleged...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and York, Pennsylvania Cement Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Lehigh White Cement Company (“Lehigh”) entered into a November 16th Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollution...more

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

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Oktibbeha County Sawmill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dewberry Sawmill (“Dewberry”) entered into an October 19th Agreed Order (“AO”) addressing alleged violations of a Mississippi Baseline Storm Water General NPDES...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fayetteville,...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Air Filter Company, Inc., (“AAFC”) entered into a December 19th Consent Administrative Order (“CAO”) addressing...more

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

Citizen Suit Enforcement: Columbia Riverkeeper and Cashmere, Washington Fruit Processing Facility Enter into Consent Decree...

Columbia Riverkeeper (“Riverkeeper”) and Crunch Pak, LLC, (“Crunch”) entered into a January 7th Consent Decree in the United States District Court (Eastern District of Washington) addressing alleged violations of a Clean...more

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

Urban Stormwater/Citizen Suit Enforcement: Petition for Declaratory/Injunctive Relief Challenging Alleged Failure of the U.S....

The Environmental organization Amigos Bravos (“AB”) filed an action in the United States District Court (District of New Mexico) against the United States Environmental Protection Agency (“EPA”) for Declaratory and Injunctive...more

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

Stormwater Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas Construction Site Operator Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Heritage Homes and Development of Central Arkansas, Inc. (“Heritage”) entered into a June 21st Consent Administrative Order (“CAO”) addressing an alleged violation...more

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