News & Analysis as of

Permits Enforcement

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

ArentFox Schiff on

Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

McGlinchey Stafford on

In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

Beveridge & Diamond PC

What’s a Company to Do?—State-Federal Conflict on EJ

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Key Takeaways - Despite the Trump administration’s elimination of federal environmental justice (EJ) programs, states are reaffirming their commitment to EJ and pushing forward new EJ programs and policies....more

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

Brownstein Hyatt Farber Schreck

Supreme Court Makes Waves In San Francisco Ruling

When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more

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

Citizen Suit Actions/Clean Water Act: Environmental Integrity Project Files Lawsuits Against Two Louisiana Petroleum Coke Plants

The Environmental Integrity Project (“EIP”) filed a Clean Water Act citizen suit action in the United States District Court for the Western District of Louisiana against the following: RAIN CII CARBON, LLC. – Sulfur,...more

Hogan Lovells

Let it be plain sailing: oversailing with cranes and/or scaffolding during construction in the UK

Hogan Lovells on

When buildings emerge from the ground, or when one gazes across an urban skyline, cranes and scaffolding are not an uncommon or unexpected sight; but, while commonplace, due care and attention should be given to their...more

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

Odor/Air Enforcement: Massachusetts Attorney General Files Judicial Action Against Grafton Animal Feed Dehydrator Operation

The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more

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

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Heidelberg Petroleum Refinery Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hunt Southland Refining Company LLC (“Hunt”) entered into a November 18th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National...more

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

Air Enforcement: Missouri Department of Natural Resources Administrative Order On Consent Addressing Pettis County Automobile...

The Missouri Department of Natural Resources (“MDNR”) and Maxion Wheels Sedalia LLC (“MWS”) entered into a November 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Operating Permit. See...more

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

Air Enforcement: Alabama Department of Environmental Management and Chambers County Strandboard Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Fraser US EWP LLC (“West Fraser”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No....more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Mintz on

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Luxora Landfill Enter into...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mississippi County Landfill (“MCL”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an alleged...more

Foley Hoag LLP - Environmental Law

We’re From the Government and We’re Here to Help You; NPDES Permit Flexibility Edition

Inside EPA (subscription required) reported this week that a group of Democratic state attorneys general have filed an amicus brief supporting EPA’s appeal of a 9th Circuit Court of Appeals decision holding that EPA had...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Water Well Drillers' Act Enforcement: Missouri Department of Natural Resources Proposed Order Addressing Leopold Company

The Missouri Department of Natural Resources (“MDNR”) issued an Order of Suspension of Permit (“Order”) to Welker Pump Service (“Welker”). See Order No. WIS-2024-006. The Order provides that Welker is the responsible...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Secretary's Order Addressing Sherwood Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit....more

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

FY 2025-2026 Draft National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of...

The National Association of Clean Air Agencies (“NACAA”) sent a June 10th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2025-2026 National Program Guidance...more

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

Wastewater Enforcement: Mississippi Commission of Environmental Quality and Tunica Chemical Facility Enter into Agreed Order

The Mississippi Commission of Environmental Quality (“MCEQ”) and Drexel Chemical Company (“Drexel”) entered into a May 16th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Tire Manufacturing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Goodyear Tire & Rubber Company (“Goodyear”) entered into a May 13th Consent Administrative Order (“CAO”) addressing an...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fort Smith Silica Product...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Covia ISP, Inc. (“Covia”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged violation of an...more

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

Air Enforcement: Missouri Department of Natural Resources and Hartville Power Generation Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and Black Oak Power Producers, LLC (“Black Oak”) entered into an April 8th Administrative Order on Consent (“AOC”) addressing an alleged violation of a Part 70 (Title V)...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pine Bluff Rice Milling...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Western Foods Delta Region (“Western”) entered into a March 26th Consent Administrative Order (“CAO”) addressing alleged...more

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