News & Analysis as of

Water Pollution Civil Monetary Penalty

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

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

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

Environmental Criminal Enforcement/Clean Water Act: United States District Court (District of Connecticut) Sentences Water Main...

The United States Attorney’s Office for the District of Connecticut issued a March 4th press release stating that National Water Main Cleaning Company (“NWMCC”) was sentenced by the United States District Court for the...more

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Supreme Court Requires EPA to Set Specific Targets in Water Permits

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The U.S. Supreme Court on Tuesday, in San Francisco v. EPA, held in a 5-4 decision that the EPA cannot enforce requirements in wastewater permits that “do not spell out what a permittee must do or refrain from doing.” San...more

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

Citizen Suit Action/Clean Water Act: Los Angeles Waterkeeper Files Judicial Action Addressing California Railroad...

Los Angeles Waterkeeper (“Waterkeeper”) filed a November 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Compliant”) against Union Pacific Railroad Company (“Union Pacific”) in the United States...more

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

404/Wetlands Enforcement: United States Department of Justice and Wayne County, New York Agricultural Operation Enter into Consent...

The United States Department of Justice (“DOJ”) and Wafler Farms, Inc., doing business as Wafler Nursery & Orchards (“WFI”) entered into a July 23rd Consent Decree (“CD”) addressing alleged violations of the Clean Water Act....more

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

Storm Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Dewitt Cryptocurrency...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Jones Digital, LLC (“Jones”) entered into an April 5th Consent Administrative Order (“CAO”) for addressing alleged operating...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Dumas, Arkansas, entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

Stormwater Enforcement: United States/Alabama/Illinois and Solar Energy Construction Firm Enter into Consent Decree

The United States Department of Justice (“DOJ”) and two states entered into a January 8th Consent Decree (“CD”) in the United States District Court for the Northern District of California with the following entities: ...more

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

Arkansas Water and Air Pollution Control Act Enforcement: Arkansas Department of Energy & Environment - Division of Environment...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and White Rock Oil & Gas Company, LLC (“White Rock”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an...more

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

Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

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

Stormwater Enforcement: Alabama Department of Environmental Management and a Chilton County Racetrack Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Buckshot Speedway, LLC, (“Buckshot”) entered into an August 11th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code encompassing...more

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

Air/Water Enforcement: Alabama Department of Environmental Management and Addison Limestone Quarry Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and Rock Creek Stone, LLC, (“Rock Creek”) entered into an August 3rd Consent Order (“CO”) addressing an alleged violation of the ADEM air and water regulations. ...more

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

Coal Combustion Residual Enforcement/Coal Combustion Residual Ponds: Illinois Attorney General and Owner of Inactive Illinois...

The Illinois Attorney General (“AG”) and Dynergy Midwest Generation LLC (“Dynergy”) entered into a June 9th Consent Order (“CO”) addressing alleged violations associated with three coal combustion residual (“CCR”) ponds. ...more

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

SPCC Enforcement: U.S. Environmental Protection Agency and Tullytown, Pennsylvania, Oil Company Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Meenan Oil Company (“MOC”) entered into a March 29th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Oil Pollution...more

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

Stormwater Enforcement: U.S. Environmental Protection Agency and Keasbey, New Jersey, Recycling Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) entered into an August 25th Consent and Final Order (“CAFO”) addressing alleged violations of a Clean Water Act National...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Crawford County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Concord Water and Sewer Public Facilities Board (“Concord”) entered into an August 8th Consent Administrative Order (“CAO”)...more

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

Solid Waste/Water Enforcement: Arkansas Department of Energy and Environment and Sites Owner Enter into Consent Administrative...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and A & B Timber, Inc. (“A & B”) entered into a February 1st Consent Administrative Order (“CAO”) addressing alleged violations of...more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Parkin, Arkansas (“Parkin”) entered into a February 25th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Regional Water...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Tri County Regional Water Distribution District (“Tri County”) entered into a February 3rd Consent Administrative Order (“CAO”)...more

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

Water Enforcement: Missouri Department of Natural Resources and Drilling Contractor Enter into Abatement Order on Consent

The Missouri Department of Natural Resources (“DNR”) and Ridenhour Directional Drilling, Inc. (“RDDI”) entered into a May 3 Abatement Order on Consent (“Consent”) addressing alleged violations of the Missouri Clean Water Law...more

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

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Jackson County, Mississippi Solid Waste Management...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more

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

Storm Water Enforcement: Alabama Department of Environmental Management and an Alabama LLC Conducting Land Grading Activities...

The Alabama Department of Environmental Management (“ADEM”) and Thomas and Jackson Construction, LLC (“T and J”) entered into a December 12th Consent Order (“CO”) addressing alleged violations of a National Pollution...more

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

Oil Spill/Water Enforcement: Mississippi Commission on Environmental Quality and Vicksburg, Mississippi River Barge Operator Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Magnolia Marine Transport (“MMT”) entered into a November 1st Agreed Order (“AO”) addressing alleged violation of a provision of the Mississippi Code addressing...more

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