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Environmental Blog

  • 07
  • November
  • 2019

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Good Air Pollution Control Practice Enforcement—It’s a Real Thing

In September 2019, a federal district court in Massachusetts ordered  the owner of a fuel storage terminal to pay $1.2 million in civil penalties for violations of the Clean Air Act and the Clean Water Act. The principal claims in the case were that the R.M. Packer Company caused excess emissions of volatile organic compounds (VOC) and hazardous air pollutants (HAP) by failing to operate its fuel storage tanks and vapor control systems consistent with good air pollution control practices.

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DOJ Announces Another Nail in Supplemental Environmental Projects’ Coffin

The Department of Justice (“DOJ”) will no longer use Supplemental Environmental Projects (“SEPs”) in settlements with states and municipalities as a result of a policy change announced August 21, 2019.The change follows a series of steps taken since 2017 curtailing SEPs. It may foreshadow future action to formally curtail SEPs in settlements with private sector parties, as the memo notes that the Department is actively reconsidering current guidance that continues to allow SEPs in settlements with private parties.2

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Margaret E. Peloso

Margaret E. Peloso Partner

Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel

Jennifer Cornejo

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Theresa Romanosky

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Brandon M. Tuck

Brandon M. Tuck Counsel

Jay Rothrock

Jay Rothrock Senior Associate