News & Analysis as of

Wastewater Environmental Violations Environmental Protection Agency (EPA)

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: United States Supreme Court Decides City/County of San Francisco v....

The Supreme Court of the United States (“Court”) issued an Opinion on March 4th in the case styled: City and County of San Francisco, California v. Environmental Protection Agency. See No. 23-753....more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Thermal, California Mobile Home Park Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the federal Environmental Protection Agency (“EPA”) entered into a January 16th Consent Decree (“CD”) with the operators of the Oasis Mobile Home Park (“Park”) for...more

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

PFAS/Wastewater Enforcement: Michigan Attorney General Files Judicial Action Against White Pigeon Paper Board Mill for Alleged...

The Michigan Attorney General (“AG”) filed a Complaint in the Michigan Circuit Court for the 30th Judicial Circuit against Ox Paperboard WP, LLC (“Ox”) and White Pigeon Mills, LLC (“White Pigeon”) for alleged violations of a...more

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

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

Class V Wells/Safe Drinking Water Act: U.S. Environmental Protection Agency and Hawaiian Convenience Store Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Seven-Eleven Hawaii, Inc. (“Seven-Eleven”) entered into an August 10th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Underground...more

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

Pretreatment Enforcement/Clean Water Act: U.S. Environmental Protection Agency and Woodridge, New York, Egg Processing Facility...

The United States Environmental Protection Agency (“EPA”) and Newburg Egg Processing Corp. (“Newburg”) entered into a May 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Water Act...more

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

U.S. EPA Environmental Appeals Board: City of Rochester, New Hampshire, Petition for Review/Wastewater Treatment National...

The City of Rochester, New Hampshire, (“Rochester”) filed an April 19th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of City of...more

Allen Matkins

California Environmental Law & Policy Update - 3.10.23 #2

Allen Matkins on

President Joe Biden unveiled a sweeping $6.8 trillion budget plan on Thursday that would increase federal spending on climate and clean energy programs while boosting pay for federal workers....more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Rockport Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Rockport, Arkansas, (“Rockport”) entered into an October 10th Consent Administrative Order (“CAO”) addressing alleged...more

Allen Matkins

California Environmental Law & Policy Update - October 2022 #4

Allen Matkins on

UPS to pay $5.3M fine, correct hazardous waste violations in settlement with EPA - ABC News – October 19 - The U.S. Environmental Protection Agency (EPA) on Wednesday announced that it reached a settlement with United Parcel...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Mountainburg...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (‘DEQ”) and City of Mountainburg, Arkansas, (“Mountainburg”) entered into a March 8th Consent Administrative Order (“CAO”) addressing alleged...more

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

Environmental Criminal Enforcement/Clean Water Act: Adair County, Kentucky, Oil Lease Tank Battery Operator Indicted for Alleged...

The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Piggott Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Piggott, Arkansas, (“Piggott”) entered into a January 3rd Consent Administrative Order (“CAO”) addressing alleged...more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

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

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Union Pacific Railroad Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more

Baker Donelson

Environmental Prosecutions Increased in Pandemic Year

Baker Donelson on

It is worthwhile for plant managers and environmental managers to pay attention to the types of cases involving environmental violations which are selected by regulators and prosecutors for criminal enforcement. That is...more

Williams Mullen

Don’t Slip and Fall into Noncompliance: EPA’s Proposed Criminal Negligence Standard under the Clean Water Act

Williams Mullen on

The Clean Water Act (CWA) provides various means of enforcement against violators of its permitting programs, including sanctions for those guilty of criminal negligence. The chief programs in this regard are the National...more

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

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

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

SSO/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Perryville Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Perryville, Arkansas (“Perryville”), entered into an October 8th Consent Administrative Order (“CAO”) addressing...more

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

Sewage Sludge/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Newport, Tennessee Wastewater Treatment Plant...

The United States Environmental Protection Agency (“EPA”) and Newport Utilities (“Newport”) entered into an October 21st Complaint and Consent Agreement/Final Order (“Agreement”) addressing alleged violations of Section...more

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

Pretreatment/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Gordon County, Georgia Chemical Blending...

The United States Environmental Protection Agency (“EPA”) and Phoenix Chemical Co., Inc., (“Phoenix”) entered into a July 31st Consent Agreement (“CA”) addressing alleged violations of the Clean Water Act. See Docket No. CWA...more

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

Public Employees for Environmental Responsibility/U.S. Environmental Protection Agency Region 4 Overfile Request: Tampa, Florida,...

The Public Employees for Environmental Responsibility (“PEER”) sent a February 4th Overfile Request (“Request”) to the Region 4 Office of the United States Environmental Protection Agency (“EPA”) requesting action against the...more

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

Criminal Enforcement: U.S. Department of Justice Announces Sentencing for Elizabeth, New Jersey, Biodiesel Fuel Company for...

The United States Department of Justice (“DOJ”) issued a February 8th news release stating that Fuel Bio One, LLC (“FBO”) had been sentenced for an alleged violation of the Clean Water Act. The Elizabeth, New Jersey,...more

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