News & Analysis as of

Environmental Violations Settlement Agreements Enforcement Actions

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,...

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

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

Efficiency Standards Enforcement: California Energy Commission and City of Industry Computer Manufacturer Enter into Settlement...

The California Energy Commission (“CEC”) and Sceptre, Inc. (“SI”) entered into an March 24th Settlement Agreement and Release (“Settlement”) addressing alleged violations of Appliance Efficiency Regulations at California Code...more

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

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,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sterling, Kansas, Oilfield Chemical Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and...more

Latham & Watkins LLP

France’s New Guidelines on Deferred Prosecution Agreement Offer Welcome Clarity

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The guidelines provide useful insights into the mechanism of settlement agreements in criminal cases, and supersede previous guidelines published on June 26, 2019. Article 22 of Law No. 2016-1691 of December 9, 2016...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Frederick, Maryland, Training and Shooting Center Enter into...

The United States Environmental Protection Agency (“EPA”) and Heritage Training and Shooting Center, LLC (“Heritage”) entered into a January 6th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the...more

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

Coal Combustion Residuals Enforcement: U.S. Environmental Protection Agency and Tecumseh, Kansas Power Plant Operator Enter into...

The United States Environmental Protection Agency (“EPA”) issued a November 9th news release stating that it had reached a Settlement with Evergy Kansas Central Inc. (“Evergy”) to address alleged violations of the Coal...more

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

Air Enforcement: Tennessee Department of Environment and Conservation and Camden Secondary Magnesium Smelting Operation Enter into...

The Tennessee Department of Environment and Conservation (“TDEC”) and Magpro, LLC (“Magpro”) entered into a September 23rd Settlement Agreement and Order (“Settlement”) addressing an alleged violation of an air permit. See...more

BakerHostetler

Supplemental Environmental Projects Set to Return with New Guidelines

BakerHostetler on

On May 5, Attorney General Merrick Garland announced the return of supplemental environmental projects (SEPs) in U.S. Department of Justice (DOJ) settlements. SEPs are voluntary projects intended to benefit the environment...more

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

112(r)(1)/Air Enforcement: U.S. Environmental Protection Agency and Arlington, Massachusetts, Arena/Ice Skating Rink Enter into...

The United States Environmental Protection Agency (“EPA”) and Town of Arlington, Massachusetts (“Arlington”), entered into a January 19th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section...more

Jenner & Block

Heightened Risk to the Regulated Community: U.S. EPA Overfiling

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In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing...

The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

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The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Stroudsburg, Pennsylvania Underground Storage Tank Owner Enter...

The United States Environmental Protection Agency (“EPA”) and Pocono Gas Stations Inc. (“PGSI”) entered into a December 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Pennsylvania Department...more

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

Tennessee Department of Environment and Conservation and Memphis, Tennessee Underground Storage Tank Owner Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and MHC Truck Leasing, Inc., (“MHC”) entered into a November 26th Settlement Agreement and Order (“Settlement”) addressing alleged violations of certain...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Lakeland, Tennessee Operator Enter into...

The Tennessee Department of Environment and Conservation (“TDEC”) and Carroll’s Roofing & Construction, LLC, (“CRC”) entered into an August 6th Settlement Agreement and Order (“Agreement”) addressing an alleged violation of...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and FedEx Freight, Inc. Enter into Expedited Settlement Agreement

The U.S. Environmental Protection Agency and FedEx Freight, Inc. (“FedEx”) entered into a June 10th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the federal Underground Storage Tank (“UST”)...more

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

FIFRA Enforcement: U.S. Environmental Protection Agency and Fordyce, Nebraska, Cooperative Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Fordyce Farmers Non-Stock Cooperative (“FFNC”) entered into an April 3rd Expedited Settlement and Final Order (“ESA”) addressing an alleged violation of the...more

Holland & Hart LLP

Target and Whole Foods Settle Over Hazardous Waste Mismanagement

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On December 5, 2018, the Minnesota-based Target Corp. store chain settled with a coalition of California governmental entities for $7.4 million, which included enhanced environmental compliance measures and injunctive...more

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Topeka, Kansas Tank Operator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Heartland Park (“HP”) entered into a June 25th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the federal underground storage tank (“UST”)...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and a Goodlettsville, Tennessee Wholesale Grocer Enter into...

The United States Environmental Protection Agency (“EPA”) and Associated Wholesale Grocers, Inc. (“AWGI”) entered into a July 12th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations...more

Stoel Rives - Environmental Law Blog

Another Hazardous Waste Enforcement Action Costs a Major Retailer Millions

On March 8, 2018, California regulators reached a settlement agreement with Home Depot wherein the retail giant agreed to pay $27.84 million for various hazardous waste violations. The State hit Home Depot with penalties for...more

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