TV Show Leads to Clean Air Act Penalty

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 […]

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EPA Proposes Program for Audits by New Owners of Oil and Gas Facilities

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 […]

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Midstream Company Agrees to Multi-Million Dollar Clean Air Act Settlement

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 […]

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Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties

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.  […]

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