News & Analysis as of

Settlement Agreements Clean Air Act

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...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,...

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

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

Air Enforcement: Louisiana Department of Environmental Quality and Moss Bluff Compressor Station Operator Enter into Settlement...

The Louisiana Department of Environmental Quality (“LDEQ”) and Cameron Interstate Pipeline, LLC (“Cameron”) entered into a settlement agreement (“SA”) addressing violations of the Louisiana Air regulations....more

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

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

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

Fenceline Monitoring/Clean Air Act: Colorado Department of Public Health & Environment and Commerce City Refinery Enter into...

The Colorado Department of Public Health & Environment (“CDPHE”) issued a February 5th news release indicating it has entered into two settlement agreements with Suncor Energy (“Suncor”). The two agreements address a...more

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

U.S. EPA Environmental Appeal Board: Indian Tribe Notice of Appeal Addressing Renewal of Coal-Fired Power Plant Clean Air Act...

The UTE Indian Tribe of the Uintah and Ouray Reservation (“Tribe”) filed a January 3rd Notice of Appeal (“Appeal”) challenging a decision by Region 8 of the United States Environmental Protection Agency (“EPA”) to renew the...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Downington Town, Pennsylvania, Water Authority Enter into...

The United States Environmental Protection Agency (“EPA”) and Downington Regional Water Authority (“DRWA”) entered into an Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r) of the Clean...more

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

National Secondary Ambient Air Quality Standards/Clean Air Act: U.S. Environmental Protection Agency and Center for Biological...

The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a September 28th Settlement Agreement (“Settlement”) to resolve certain issues associated with Clean Air Act...more

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

Asbestos Enforcement: U.S. Environmental Protection Agency and Patterson, Georgia, Excavator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Underground Excavating, Inc. (“UEI”) entered into a July 22nd Expedited Settlement Agreement (“ESA”) of the Federal Clean Air Act Asbestos Regulations. See Docket...more

ArentFox Schiff

Interim SEP Rulemaking To Reinstate SEPS Facing Opposition From Chamber of Commerce, GOP

ArentFox Schiff on

While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and El Dorado, Arkansas, Chemical Manufacturing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and El Dorado Chemical Company (“EDCC”) entered into a July 22nd Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Air Act. See...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,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Clarksville, Tennessee, Brake Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Akebono Brake Corporation (“ABC”) entered into a June 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7) of the Clean...more

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

Sunoco Partners Marketing & Terminals, L.P. Facility Flare/Appeal of Pennsylvania Department of Environmental Protection Air...

The Environmental Integrity Project and Clean Air Council (collectively “EIP”) and Sunoco Partners Marketing & Terminals, L.P. entered into an April 7th Stipulation of Settlement (“Settlement”) addressing a challenge to the...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

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Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

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

U.S. Environmental Protection Agency/Arkansas Department of Environmental Quality Public Meeting – Crossett, Arkansas: Proposed...

The United States Environmental Protection Agency (“EPA”) issued a February 6th news release stating that a joint public meeting will be held with the Arkansas Department of Environmental Quality (“ADEQ”) to discuss a...more

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

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Environmental Quality Enter into Consent Decree with...

The United States Environmental Protection Agency (“EPA”) in a December 14th news release announced that the federal agency and Arkansas Department of Environmental Quality (“ADEQ”) have entered into a settlement with the...more

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

Air Enforcement: U.S. Environmental Protection Agency and Winchester, Kentucky Dairy Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Kroger Limited Partnership II d/b/a Winchester Farms Dairy (“Winchester”) entered into an August 14th Expedited Settlement Agreement (“ESA”) addressing alleged...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

Holland & Knight LLP

Recent Changes Expected to Impact Environmental Enforcement

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• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

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

112(r)(7) Air Enforcement: U.S. Environmental Protection Agency and Knoxville, Tennessee Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Republic Plastics, L.P., K-1 Facility (“RP”) entered into a November 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7)...more

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