News & Analysis as of

Pollution Control

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality Issues Notice of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) issued a Notice of Violation (“NOV”) to Eaton-Moery Environmental Services, Inc. (“Eaton”). See LIS No. 07-098. The NOV states...more

Foster Garvey PC

California’s Plastic Pollution Prevention & Packaging Producer Responsibility Act: Approaching 2025 Reporting Deadline

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California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, SB 54, requires producers of single-use packaging and plastic food serviceware sold in California to assume financial responsibility for the...more

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

Citizen Suit Action/Clean Water Act/RCRA: Federal Court Addresses Jurisdictional Issues

The United States District Court for the Middle District of Tennessee (“Court”) in a March 6th Opinion addressed an issue arising out of a citizen suit action filed under the Clean Water Act, 33 U.S.C. §§ 1251-1389 (“CWA”)...more

Alston & Bird

Ninth Circuit Flags EPA’s Refusal to Revise Effluent Limitation Guidelines

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The Ninth Circuit has ruled that the Environmental Protection Agency (EPA) must reconsider its effluent limitation guidelines (ELGs) for seven industrial sectors. Our Environment, Land Use & Natural Resources Group examines...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis, Cement Storage/Distribution Terminal Enter into...

The Missouri Department of Natural Resources (“MDNR”) and River Cement Company d/b/a Buzzi Unicem USA (“RCC”) entered into a July 7th Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit....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

DLA Piper

Microplastics Proposed for Candidate Chemical Listing in California: Key Considerations for Businesses

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California’s Department of Toxic Substances Control (DTSC) proposed adding microplastics as a Candidate Chemical to be regulated under the Safer Consumer Products (SCP) program on June 20, 2025. This action and its subsequent...more

MG+M The Law Firm

Sewage Sludge and Wastewater Treatment Plants Identified as Key Sources of PFAS Pollution

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New research suggests that sewage sludge and wastewater treatment plants are major sources of per- and polyfluoroalkyl substances (PFAS) pollution. Waterkeeper Alliance, in partnership with local Waterkeeper groups and the...more

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

2025 War Eagle Creek Stewardship Award: Beaver Watershed Alliance Recognizes the Tuberville Family

The Beaver Watershed Alliance (“BWA”) announced the presentation of the 2025 War Eagle Creek Stewardship Award (“Award”). The Award was presented to Josh and Claliegh Tuberville....more

Stoel Rives LLP

Recent Ninth Circuit Decision Suggests Effluent Limitation Guidelines Across Multiple Industry Categories May Be Changing Soon

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In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

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

Pretreatment Enforcement: Mississippi Commission on Environmental Quality and Attala County Dairy Processing Facility Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and East Side Jersey Dairy Inc. (“ESJD”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit...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

Akin Gump Strauss Hauer & Feld LLP

Minnesota to Delay PFAS Reporting Deadline

Earlier this week, the Minnesota Pollution Control Agency (MPCA) announced it will extend the upcoming reporting deadline under the state’s PFAS-in-Products law. As currently written, the law requires manufacturers of...more

Bergeson & Campbell, P.C.

MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS

This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed...more

Integral Consulting Inc.

Discounting in Damage Assessments for Ecological Injuries: An Introduction to the Issues

In natural resource damage assessment (NRDA) cases, the discount rate used to convert effects across different time periods to present value equivalents is a critical parameter. This rate directly influences both the scale of...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

Wenning Environmental

Science-Based Targets In Law Are More Important Than Ever

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Science-based targets (SBTs) rely on scientific facts to achieve specific conditions or outcomes. SBTs reflect the best available science and set goals intended to prevent human activities from harming the environment....more

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

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

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

Effluent Guidelines/Clean Water Act: Federal Appellate Court Addresses Argument that United States Environmental Protection Agency...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more

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

Citizen Suit Action/Clean Air Act: Southern Environmental Law Center Notice of Intent to Sue Memphis, Tennessee Data Center

The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

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Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Elaine...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Elaine, Arkansas entered into an April 17th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Grenada County Lumber Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hankins Lumber Company Inc. (“Hankins”) entered into an April 30th Agreed Order (“AO”) addressing an alleged violation of an Air Permit. See Order No. 7490 25....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

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