News & Analysis as of

Environmental Violations Penalties Environmental Protection Agency (EPA)

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

Kelley Drye & Warren LLP

Environmental Auditing and Penalty Mitigation under the Trump Administration

For companies that are subject to environmental regulation, the Trump Administration’s U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) Audit Policy presents an opportunity to reduce enforcement risks while...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Middletown, Pennsylvania Scrap Recycler Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Shemas Iron Works (“SIW”) entered into a June 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act. See Docket No.:...more

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

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Calhoun County Metal Plating Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Industrial Plating CO., Inc. (“IP”) entered into July 9th Consent Order (“CO”) addressing alleged violations of the Alabama Hazardous Waste Regulations. See...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Searcy Compression Station...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...more

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

SPCC Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Tupelo, Mississippi Oil Storage Facility Owner Enter...

The United States Environmental Protection Agency (“EPA”) Khera Petroleum, LLC (“KP”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act Spill Prevention, Control, and...more

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

Air Enforcement: U.S. Environmental Protection Agency and Willow Island, West Virginia Industrial Coatings Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Allnex USA Inc. (“Allnex”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of an Air Permit. See Docket No. CAA-03-2025-0036....more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency Complaint/Compliance Order Addressing Isabel, South Dakota Facility

The United States Environmental Protection Agency (“EPA”) filed a Complaint, Compliance Order, and Notice of Opportunity for Hearing (“Complaint”) on June 16th to Jack’s Service Center (“JSC”) for alleged violations of the...more

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

Air Enforcement: U.S. Environmental Protection Agency and East Alton, Illinois Brass/Bronze Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Wieland Rolled Products (“WRP”) entered into a June 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act New Source...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Department of Corrections Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Washington, D.C. Department of Corrections (“D.C.”) entered into a June 10th Consent Agreement (“CA”) addressing alleged violations of the federal Underground...more

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Cactus, Texas Beef Processing Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Cactus Beef Processing Facility (“Cactus”) entered into a May 15th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section 112(r(7) of...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

ArentFox Schiff on

On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

Oberheiden P.C.

EPA Litigation Defense in 2024: Strategies for Companies Facing Civil or Criminal Penalties

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) is responsible for enforcing the federal laws, regulations, and Executive Orders focused on protecting the environment for the benefit of the American people, threatened and...more

Williams Mullen

What to Know About EPA’s Inflation Adjustments for Civil Penalties

Williams Mullen on

EPA recently promulgated a final rule (the Rule) adjusting civil penalties issued by the agency for inflation. This action was performed pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by...more

(ACOEL) | American College of Environmental...

Environmental Penalties: Disparity and Discretion

Environmental law enforcement seeks to achieve greater compliance by punishing intentional violations and ensuring that violators do not achieve a competitive advantage through avoidance of compliance costs. To achieve that...more

Allen Matkins

California Environmental Law & Policy Update - August #2

Allen Matkins on

Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

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

Title II Mobile Source Enforcement/Clean Air Act: U.S. Environmental Protection Agency and Bottling Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Royal Crown Bottling Corporation (“Royal Crown”) entered into an April 5th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain...more

Williams Mullen

EPA Places Renewed Emphasis on Audit Policy

Williams Mullen on

There are many benefits of corporate environmental auditing programs for companies large and small, not the least of which is the potential mitigation of civil penalties for violations of environmental laws discovered during...more

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

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Firearms Manufacturer...

The United States Environmental Protection Agency (“EPA”) and Smith & Wesson Corp. (“Smith & Wesson”) entered into an April 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of: . . . Section...more

Ballard Spahr LLP

MDE Self-Disclosure Can Limit, Even Eliminate Risk of Environmental Penalties

Ballard Spahr LLP on

Maryland entities that voluntarily discover and disclose environmental violations can still receive penalty reductions, or even complete forgiveness, under the rarely invoked Maryland Department of the Environment (MDE)...more

Ballard Spahr LLP

Inflation Matters: EPA Civil Penalty Authority Receives a Dramatic Boost

Ballard Spahr LLP on

A little-publicized section of the federal Bipartisan Budget Act of 2015 has led to the U.S. Environmental Protection Agency (EPA) promulgating new interim regulations that increase by unprecedented amounts the civil...more

Burr & Forman

Federal Environmental Civil Penalties Set to Increase Dramatically

Burr & Forman on

EPA is increasing civil penalties for all statutes it administers that call for the assessment of civil penalties. These increases are not recommendations or proposed statutory amendments, but are the result of perhaps the...more

Best Best & Krieger LLP

Best in Law: Get Out in Front on Possible Environmental Violations

It’s no secret that businesses must run a gauntlet of federal, state and local environmental regulations in order to successfully operate in California. But the hardest test may be when a business suspects that it may be...more

Bracewell LLP

EPA Updates Its Audit Policy with "eDisclosure"

Bracewell LLP on

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a...more

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