On June 5, 2018 EPA announced settlement of an enforcement action against Magnolia Homes (“Magnolia”). In the settlement, Magnolia agreed to pay a civil penalty of $40,000, conduct a community lead-abatement project with an estimated cost of $160,000, and post an internet video about renovating homes containing lead-based paint. Magnolia must post the internet video […]Read more "TV Show Leads to Clean Air Act Penalty"
EPA has proposed a “new owner” audit program for air emissions from oil and natural gas exploration and production facilities and has requested comments on a proposed Audit Agreement template. I expect EPA will make the program final after receiving comments, with the final template similar to the current draft. Limited to Oil and Gas […]Read more "EPA Proposes Program for Audits by New Owners of Oil and Gas Facilities"
EPA and the Pennsylvania Department of Environmental Protection alleged that affiliates of MarkWest Energy Partners (“MarkWest”) had illegal volatile organic compound (“VOC”) emissions. To resolve these allegations, MarkWest has agreed to spend an estimated $2.6 million to upgrade its facilities, pay $610,000 in civil penalties, and complete supplemental environmental projects valued at $2.4 million. The […]Read more "Midstream Company Agrees to Multi-Million Dollar Clean Air Act Settlement"
Mining company Doe Run Resources and EPA submitted a Consent Decree to a federal court in Missouri that requires Doe Run to address lead contamination at over 4,000 residential properties in St. Francois County, Missouri. The company will test the soils and remediate as needed to ensure the properties meet the cleanup standard of 400 […]Read more "Mining Company and EPA Agree to Cleanup Residential Properties"
The United States Department of Justice (“DOJ”) and Environmental Protection Agency (“EPA”) announced a settlement with XTO Energy Inc. relating to alleged Clean Air Act violations from XTO’s oil and natural gas production operations in North Dakota. Storage Tanks at Oil and Gas Well Pads According to DOJ’s press release, XTO failed to adequately design, […]Read more "XTO Agrees to Settle Air Quality Enforcement Case"
In State of Texas v. Morello, the Texas Supreme Court reversed a mid-level appellate court and reinstated a trial court’s judgment making Bernard Morello personally liable for approximately $400,000 in civil penalties for environmental violations. The Company’s History of Permit Violations Morello had been the sole member and manager of While Lion Holdings, a limited liability company. […]Read more "Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties"
I am pleased to announce that as of February 1, 2018, I am a shareholder at Crain Caton & James, P.C. I am especially excited to join with Robert E. “Robin” Morse, Kelly D. Brown, and Cory R. Thornton; together, we bring over 100 years of environmental law experience. More about them, below. My new […]Read more "Jim Smith Joins Crain Caton & James"