News & Analysis as of

Environmental Violations Storm Water

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Meridian Sand/Clay Mine Operator Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Cullum Construction, LLC (“CC”) entered into a June 25th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Stormwater Permit. See Order No....more

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Stormwater Enforcement: Alabama Department of Environmental Management and Lee County Subdivision Developer Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Hans, LLC (“Hans”) entered into a June 3rd Consent Order (“CO”) addressing alleged violations of a Stormwater General Permit (“Permit”)....more

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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

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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

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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

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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

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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

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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

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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

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...more

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Stormwater Enforcement: Alabama Department of Environmental Management and Operator Constructing Fairhope Commercial Development...

The Alabama Department of Environmental Management (“ADEM”) and RW Battles, LLC, (“RW”) entered into an October 12th Special Order by Consent (“Order”) addressing an alleged violation of the Alabama regulations implementing...more

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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

ArentFox Schiff on

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 Enforcement: U.S. Environmental Protection Agency and Lancaster, Massachusetts, Construction Site Owner Enter into...

The United States Environmental Protection Agency (“EPA”) and U-Haul Co. of Western Massachusetts, Inc., (“U-Haul”) entered into a March 14th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

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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,...

Stormwater/Clean Water Act: Conservation Law Foundation Notice of Intent to Sue Several Northeast/Puerto Rico Scrap Facilities for...

The Conservation Law Foundation (“CLF”) sent a December 20th letter to Schnitzer Steel Industries, Inc. and certain related entities (collectively “Schnitzer”) styled as: Notice of Violations and Intent to File Suit...more

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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lamar Salvage Operator Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and J and J Cars, LLC (“J and J”) entered into an October 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Administrative Code related to...more

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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

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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

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Stormwater Enforcement: U.S. Environmental Protection Agency and Tigard, Oregon, Structural Steel Fabricator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Fought & Company, Inc., (“Fought”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Stormwater Industrial General Permit. See Docket No....more

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

No-Discharge Permit/Stormwater Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Southark Disposals Group, LLC (“Southark”) entered into a May 17th Consent Administrative Order (“CAO”) addressing alleged...more

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