News & Analysis as of

Environmental Violations Settlement

Fox Rothschild LLP

NJDEP v. DuPont/Chemours PFAS Trial Continues/Public Comment Period on Proposed Comprehensive Settlement for 3M Expected to...

Fox Rothschild LLP on

On June 30, 2025 the next bench trial phase or “mini-trial” commences in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No. 19-cv-14766 (RMB/JBC) before the...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Columbus, Ohio Paint Corporation Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Yenkin-Majestic Paint Corporation (“YMPC”) entered into a February 19th Expedited Settlement Agreement (“ESA”) addressing alleged Resource Conservation Recovery...more

McGlinchey Stafford

Stericycle Agrees to Pay $9.5 Million Civil Penalty for RCRA Violations

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On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves...more

Troutman Pepper Locke

Connecticut AG Reaches $2M Settlement With Pike Fuels Over Environmental Protection Claims

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Connecticut Attorney General (AG) William Tong announced a $2 million settlement with Pike Fuels to resolve allegations that the company violated Connecticut environmental protection laws by, among other things, falsifying...more

Allen Matkins

California Environmental Law & Policy Update 10.18.24

Allen Matkins on

California officials have been working on a plan to preserve the state’s leading edge environmental and climate policies, in the event that former President Donald J. Trump returns to the White House and follows through on...more

Allen Matkins

California Environmental Law & Policy Update 9.27.24

Allen Matkins on

ExxonMobil sued by California AG and environmental nonprofits over plastic waste - California Attorney General Rob Bonta and a coalition of environmental nonprofit entities sued ExxonMobil on Monday, accusing the company...more

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

Holland & Knight LLP on

A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

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

Hazardous Waste Enforcement: Louisiana Department of Environmental Quality and Hammond Hazardous Waste Storage Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and LEI, Inc. (“LEI”) entered into a Settlement Agreement (“SA”) addressed alleged violations of certain hazardous waste regulations. See SA-HE-23-0086....more

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

ArentFox Schiff

Environmental Justice Update: EPA, Illinois EPA, and Chicago Settle Civil Rights Claims with Agreement to Prioritize EJ in...

ArentFox Schiff on

The Biden Administration’s embrace of a “whole of government” approach to address environmental justice (EJ) issues occasioned litigation across the country. One of the hottest series of disputes has been the tag-team...more

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

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

Troutman Pepper Locke

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

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

Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement...more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

WilmerHale on

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

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

Air Enforcement: Louisiana Department of Environmental Quality and Bossier Parish Natural Gas Compressor Station Operator Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Gulf South Pipeline Company, LP (“Gulf South”) entered into a Settlement to address alleged air permit violations. See Settlement Tracking No. SA-AE-21-0032....more

Wiley Rein LLP

In EPA Civil Enforcement, Supplemental Environmental Projects Back on the Table

Wiley Rein LLP on

On Friday, U.S. Department of Justice’s Environment and Natural Resources Division withdrew nine memoranda and policy documents issued by the previous administration related to environmental enforcement. Among those were...more

Perkins Coie

DOJ Formally Ends Use of Supplemental Environmental Projects in Settlements

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Companies should be aware that Supplemental Environmental Projects (SEPs)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no...more

Snell & Wilmer

Trump Eliminates Settlement Tool

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Somewhat lost amidst all the (well deserved) COVID-19 pandemic news that comes out daily, is a decision by the Justice Department regarding the settlement of environmental enforcement cases that will likely have profound...more

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

Volkswagen Settlement Updates: Arkansas's Revised Mitigation Plan and Program Deadlines

In 2015, when confronted with a United States Environmental Protection Agency Notice of Violation of the Clean Air Act, Volkswagen admitted to installing defeat devices in the diesel engine software of approximately 500,000...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Litchfield, NH Sand and Gravel Facility Operator Enter Into Expedited...

The United States Environmental Protection Agency (“EPA”) and Continental Paving, Inc. (“Continental”) entered into a June 7 Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Spill...more

Bracewell LLP

New Requirements for Deducting Payments to Governmental Entities

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Section 162(f) of the Internal Revenue Code of 1986 (the Code), as amended by the Tax Cuts and Jobs Act (the TCJA), limits the federal income tax deductibility of certain payments made to a government or governmental entity,...more

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

Volkswagen Settlement/Arkansas Mitigation Plan: Stuart Spencer (Arkansas Department of Environmental Quality) Arkansas Bar...

Stuart Spencer of the Arkansas Department of Environmental Quality (“ADEQ”) undertook a presentation at the March meeting of the Arkansas Bar Association Environmental Law Section titled: Volkswagen Settlement –...more

NAM (National Arbitration and Mediation)

Creative Solutions In The Commercial Mediation Process

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more

Akin Gump Strauss Hauer & Feld LLP

Back-to-Basics Approach on Injunctive Relief

On April 3, 2018, Susan Bodine, Assistant Administrator of U.S. EPA’s Office of Enforcement Assurance and Compliance Assistance (OECA), issued an internal memorandum titled “The Appropriate Use of Compliance Tools in Civil...more

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