Enforcement

Civil Cases and Settlements by Statute

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Definitions: Air: CAA | Water: CWA , MPRSA , OPA , SDWA | Waste & Chemical: AHERA , CERCLA , EPCRA , FIFRA , RCRA , TSCA

 Cases and Settlements by:   STATUTE
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Resource Conservation and Recovery Act

Respondent Description Type of Order Date
Anadarko Fraud Case Results in Billions for Environmental Cleanups EPA and the Department of Justice (DOJ) announced an agreement to resolve fraudulent conveyance claims against Kerr-McGee Corporation and related subsidiaries of Anadarko Petroleum Corporation. Of the environmental-related recovery in this settlement, nearly $2 billion will be paid for cleanup work associated with numerous EPA-lead sites, resulting in the largest bankruptcy-related award that EPA has ever received for environmental claims and liabilities.   Consent Decree   4/3/2014
Court Decision in Tronox Bankruptcy Fraudulent Conveyance Case Results in Largest Environmental Bankruptcy Award Ever The U.S. Bankruptcy Court for the Southern District of New York decided against Kerr-McGee Corporation and related companies that are subsidiaries of Anadarko Petroleum Corporation in a fraudulent conveyance case. The Court awarded damages between approximately $5.2 billion and $14.2 billion to the plaintiffs, which, even at the low end of the damages range, is the largest amount ever awarded in a bankruptcy proceeding for governmental environmental claims and liabilities.     12/12/2013
EPA Issues AOC to Implement Final Remedy at Occidental Chemical Company Facility in West Virginia EPA issued a RCRA section 3008(h) Administrative Order on Consent (AOC) to Occidental Chemical Company (OxyChem) to implement the final remedy at its facility in Belle, West Virginia.   Administrative Order on Consent   9/26/2013
EPA Issues RCRA Cleanup Order for North Field Properties Site in New Jersey EPA Region 2 issued a Resource Conservation and Recovery Act (RCRA) section 7003 administrative consent order (AOC) to four corporations for appropriate site investigation and any necessary remediation of contamination of a 17.8 acre former industrial site in Woodbridge Township, N.J.   Administrative Order on Consent   9/19/2013
Agrium U.S., INC. Agrium U.S., INC. Consent Agreement and Final Order     9/18/2013
City of Vicksburg, Mississippi This is th Consent Agreement and Final Order for City of Vicksburg, Mississippi     7/23/2013
Settlement Reached on Requiring Monitoring and Testing at Schott Metal Facility in Ohio EPA and Schott Metal Products, Inc. agreed to a settlement resolving claims for alleged violations of section 3013 of the Resource Conservation and Recovery Act (RCRA), which calls for completion of activities under and approved work plan for monitoring and testing of soil and groundwater contamination at the Schott Metal facility and for payment of a $375,000 civil penalty.   Consent Decree   7/22/2013
Wal-Mart Stores, Inc. Settlement Walmart has resolved civil violations of the Resource Conservation and Recovery Act (RCRA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) Environmental Appeals Board has approved a Consent Agreement and Final Order between Walmart and EPA requiring the company to take significant actions to ensure future compliance and pay a civil penalty.   Consent Agreement and Final Order   5/28/2013
PCS Geismar (Louisiana) Clean Air Act MACT Settlement The U.S. Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) announced that PCS Nitrogen has agreed to reduce air emissions and hazardous waste generated from phosphoric acid production at its facility in Geismar, La.   Consent Decree   5/23/2013
EPA Addresses Environmental Concerns at Walter Coke Facility in North Birmingham, Ala. On September 17, 2012, EPA entered into an Administrative Order on Consent (AOC) with Walter Coke, Inc., which became effective on September 24, 2012. The company owns and operates an industrial coke operation in North Birmingham, Ala. that produces foundry and furnace coke and coke by-products. The AOC requires Walter Coke to finalize RCRA Corrective Measures Studies and implement EPA approved remedies at the facility.   Administrative Order on Consent   9/17/2012
EPA enters into Prospective Purchaser Agreement with Philadelphia Energy Solutions LLC and Philadelphia Energy Solutions Refining and Marketing LLC. In July 2012, EPA entered into a prospective purchaser agreement (PPA) with Philadelphia Energy Solutions LLC and Philadelphia Energy Solutions Refining and Marketing LLC that resolves potential claims by the federal government related to past pollution at the refinery and enables refinery operations to continue.   Agreement   7/27/2012
Settlement Reached with Formosa Plastics Corporation to Obtain Site-Wide Corrective Actions at Point Comfort, Texas Facility On June 14, 2012, a Resource Conservation and Recovery Act (RCRA) 3008(a) Administrative Order on Consent (AOC) between the U.S. Environmental Protection Agency (EPA) and Formosa Plastics Corporation, Texas (Formosa) was filed with the Regional Hearing Clerk for the EPA Region 6. This new Order complemented the existing 3008(h) AOC to obtain site-wide corrective measures for remediation of contaminated soil and groundwater and closed negotiations regarding a site-wide RCRA 3008(h) Unilateral Administrative Order (UAO).   Unilateral Administrative Order   6/14/2012
Settlement Reached for Groundwater Contamination Cleanup at Harcros Chemicals Site in Davenport, Iowa On May 29, 2012, the U.S. Environmental Protection Agency (EPA) entered into a Resource Conservation and Recovery Act (RCRA) 7003 Administrative Order on Consent (AOC) for cleanup work at the Harcros Chemicals Inc. site in Davenport, Iowa. Groundwater contamination at levels above “unrestricted use” cleanup levels still exists in onsite and offsite groundwater. The cleanup work is expected to address over 1.2 million cubic yards of groundwater contamination.   Administrative Order on Consent   5/29/2012
Southern Wood Piedmont Financial Assurance Settlement The U.S. Environmental Protection Agency (EPA) announced that Southern Wood Piedmont Company and its parent company, Rayonier Inc., have agreed to pay a $317,000 penalty to resolve violations of hazardous waste financial assurance requirements and have obtained more than $41.7 million in financial assurance.   Consent Agreement   1/23/2012
Agrifos Fertilizer Company Settlement The U.S. Environmental Protection Agency (EPA) today announced that Agrifos, a former phosphoric acid and phosphate fertilizer producer, has agreed to pay a $1.8 million dollar penalty and conduct an environmental project to resolve alleged violations of the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act.   Consent Agreement and Final Order   12/7/2011
BP Financial Assurance Settlement The U.S. Environmental Protection Agency (EPA) today announced that several subsidiaries of BP America Inc. have agreed to pay a $426,500 penalty and ensure that more than $240 million in funds are secured to resolve violations of hazardous waste, drinking water and Superfund financial assurance requirements.     11/29/2011
Department of the Interior Indian Affairs Settlement The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Interior (DOI) have reached an agreement to address alleged violations at schools and public water systems (PWSs) owned, operated, or otherwise the legal responsibility of DOI, Indian Affairs (IA). IA is comprised of the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE).   Consent Agreement   8/22/2011
Corrective Action Cleanup work to begin at Former Pharmacia and Upjohn Facility On April 8, 2011, EPA announced a $150 million agreement with Pharmacia & Upjohn to begin design and construction of the cleanup remedy along the Quinnipiac River, a cleanup process that will result in new business opportunities and open-space for North Haven, Conn.   Administrative Order   4/8/2011
Motors Liquidation Company (f/k/a General Motors (GM) Corporation) Bankruptcy Settlement: Overview of 2011 Settlement Agreements On March 3, 2011, the Bankruptcy Court approved an additional six settlements between the United States and Motors Liquidation Company (MLC, also known as "Old GM", and formerly known as General Motors Corporation), to settle certain environmental liabilities at six sites under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, commonly known as Superfund) and the Resource Conservation and Recovery Act (RCRA). On March 7, 2011, the court approved a seventh settlement resolving environmental claims at 34 non-owned sites under CERCLA, RCRA, and the Clean Air Act (CAA).   Consent Decree   3/3/2011
Tronox Bankruptcy Settlement Agreement Settlement Agreement to resolve Tronox Incorporated's environmental liabilities with EPA, other federal, state, and local agencies, and the Navajo Nation (collectively, the “Governments”) relating to numerous contaminated sites around the country. Pursuant to the settlement agreement, the Governments will receive, among other consideration, $270 million and 88 percent of Tronox’s interest in a pending fraudulent conveyance litigation.   Settlement Agreement   11/23/2010
Motors Liquidation Company (f/k/a General Motors (GM) Corporation) Bankruptcy Settlement The U.S. Environmental Protection Agency (EPA), the U.S. Justice Department (DOJ), and the Unites States Attorney for the Southern District of New York, along with the states of Delaware, Illinois, Indiana, Kansas, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, New York, Ohio, Pennsylvania, Virginia, Wisconsin and the Saint Regis Mohawk Tribe announced that Motors Liquidation Corporation (MLC) has agreed to resolve its liabilities at 89 sites in the aforementioned 14 states across the U.S. for approximately $773 million.   Settlement Agreement   10/20/2010
Air Products LLC Settlement The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department today announced that Air Products LLC has agreed to pay nearly $1.5 million in civil penalties to resolve hazardous waste mismanagement violations at its Pasadena, Texas chemical manufacturing facility. The settlement resolves Air Products’ Resource Conservation and Recovery Act (RCRA) violations in transferring spent acid to the neighboring Agrifos fertilizer manufacturing plant.   Consent Decree   8/26/2010
CF Industries, Inc. Settlement (Washington, DC - August 06, 2010) The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department today announced that CF Industries, Inc. has agreed to spend approximately $12 million to implement a treatment system for hazardous wastes at its Plant City, Fla. phosphoric acid and ammoniated fertilizer manufacturing facility near Tampa. The settlement resolves CF Industries’ Resource Conservation and Recovery Act (RCRA) violations and requires the company to pay a civil penalty of more than $700,000 and provide $163.5 million in financial assurances to guarantee appropriate closure and long-term care of the closed facility. This is the first case concluded under EPA’s National Enforcement Initiative for Mining and Mineral Processing.   Consent Decree   8/6/2010
American Smelting and Refining Company (ASARCO) Bankruptcy Settlement Bankruptcy settlement with American Smelting and Refining Company (ASARCO). EPA, along with other federal and state agencies pursued and received $1.79 billion to fund environmental cleanup and restoration under the bankruptcy reorganization.   Settlement Agreement   12/10/2009
Kinder Morgan Consent Agreement and Final Order (Washington, D.C. – May 2, 2007) Kinder Morgan Transmix Co. has agreed to pay the U.S. Environmental Protection Agency $600,000 to resolve numerous violations of federal air and hazardous waste regulations, including mixing hazardous waste with gasoline.   Consent Agreement and Final Order   5/2/2007
New York City Underground Storage Tank Settlement The U.S. Attorney for the Southern District of New York and the EPA announced a $1.3 million proposed consent decree with the City of New York involving violations of the Resources Conservation and Recovery Act (RCRA) in connection with the city's underground storage tank systems.     1/25/2006
Tanknology - NDE, International, Inc. Criminal Plea On October 30, 2002, Tanknology - NDE, International, Inc. was sentenced in federal district court in Austin, Texas to pay a criminal fine of $1 million and pay restitution of $1.29 million to the United States for the costs of the potential retesting of underground storage tanks that the company had falsely tested. In addition, Tanknology will serve five years probation. Pursuant to the plea agreement, Tanknology will implement a quality management system to ensure that false and improper testing practices do not occur again.     10/30/2002
Power Engineering Company - Favorable EPA RCRA Case Decision On September 4, 2002, the 10th Circuit upheld EPA's authority to bring enforcement actions for violation of the Resource Conservation and Recovery Act (RCRA) in states with authorized hazardous waste management programs (U.S. v. Power Engineering Co., No. 01-1217 (Sept. 4, 2002)). The court also found that EPA' s enforcement action was not barred by res judicata, because EPA and a state with an authorized hazardous waste management program are not in privity unless EPA pulls a "laboring oar" in the state's enforcement action.     9/4/2002
Premcor Refining Group, Inc. (Clark Refining and Marking, Inc.) Multimedia Settlement On April 1, 2002, the Justice Department, the EPA, and the State of Illinois announced a settlement with Premcor Refining Group, Inc. in which Premcor is to pay $6.25 million to resolve claims that it violated five environmental statutes at its Blue Island Refinery in Blue Island, Illinois. The complaint alleged violations of the Clean Air Act; the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Recovery Act; and the Emergency Planning and Community Right-To-Know Act, as well as State of Illinois environmental laws and regulations.     4/1/2002
Apartment Investment and Management Company (AIMCO) Civil Settlement The U.S. Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) entered into the broadest lead disclosure settlement ever with one of the nation's largest property management firms, the Denver-based Apartment Investment and Management Co. (AIMCO). Residents living in more than 130,000 apartments in 47 states and Washington, DC, will live in lead-safe units as a result of this landmark settlement.   Consent Decree   1/16/2002
ExxonMobil Corporation Hazardous Waste Settlement U.S. EPA announced the settlement of one of the largest hazardous wastes cases in history with the filing of a consent decree on December 13, 2001 of a case filed against Mobil Oil Corporation. The case alleged mismanagement of benzene-contaminated waste at Port Mobil, a major petroleum storage and distribution terminal on Authur Kill at Staten Island, New York. Benzene, a known human carcinogen, became a regulated hazardous waste under the Resource Conservation and Recovery Act (RCRA) in 1990     12/13/2001
TRW Vehicle Safety Systems, Inc. Hazardous Waste Settlement In agreements with the U.S. Government and the State of Arizona that were announced on January 18, 2001, TRW 's Vehicle Safety Systems Inc. resolved charges that it violated hazardous waste laws at its airbag manufacturing plant in Queen Creek, AZ under a civil settlement and criminal plea agreement. The Criminal Plea Agreement and Consent Decree call for payment of $17.6 million in fines for failure to manage hazardous wastes in accordance with Resource Conservation and Recovery Act (RCRA) regulatory requirements.   Consent Decree   11/18/2001
Lee Brass Company, Inc. Hazardous Waste Judicial Settlement On September 26, 2001, a consent decree was filed in the U.S. District Court of the Northern District of Alabama for settlement of a judicial action against Lee Brass Company, Inc., Anniston, Alabama, for alleged violations of RCRA. The Complaint alleged illegal treatment of hazardous waste foundry sand in the sand reclamation unit without a permit, illegal storage of the sand, disposal in violation of Land Disposal Restriction lead standards, preparedness and prevention violations, training violations, and container management violations.   Consent Decree   9/26/2001
Fort Lewis, Washington, Underground Storage Tanks Settlement In a settlement with the U.S. EPA announced on May 21, 2001 the U.S. Army has agreed to pay $60,000 in penalties and will perform at least $200,000 in Supplemental Environmental Projects (SEPs). This is part of a settlement involving violations of the underground storage tank (UST) requirements at Fort Lewis, Washington. The Army also agreed to remove a number of unregulated heating oil tanks and, if contamination is found during the removals, to clean up the contamination. EPA filed the complaint against the Army in September, 2000, after a 1999 UST inspection at the facility.   Consent Decree   5/21/2001
Nucor Corporation, Inc. Multimedia Settlement Nucor Corporation, Inc. will spend nearly $100 million to settle an environmental suit alleging that it failed to control the amount of pollution released from its steel factories in seven states, under an agreement reached with the Justice Department and EPA. This is the largest and most comprehensive environmental settlement ever with a steel manufacturer.   Consent Decree   12/19/2000
Morton International, Inc. Multimedia Settlement On October 26, 2000, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), and the Mississippi Department of Environmental Quality (MDEQ) entered into a settlement with Morton International Inc. that resolved charges that the chemical company violated several environmental laws at its Moss Point, Miss., facility under a civil settlement and criminal plea agreement. Morton, a wholly owned subsidiary of Rohm and Haas Company based in Philadelphia, agreed to pay a $20 million penalty to be divided equally between the United States and Mississippi under the civil settlement filed in U.S. District Court in Biloxi. This penalty marks the largest-ever civil fine for environmental violations at a single facility.   Consent Decree   10/26/2000
BP Exploration, Inc. (BPXA) Multimedia Settlement BP Exploration (Alaska) Inc. has pleaded guilty to one felony count related to the illegal disposal of hazardous waste on Alaska's North Slope, and it agreed to spend $22 million to resolve the criminal case and related civil claims.   Complaint   9/23/1999
ASARCO, Inc. Mining Corporation Multimedia Settlement On January 23, 1998, the U.S. EPA announced that it reached a settlement agreement with ASARCO, Inc. that requires the national mining and smelting company to invest over $50 million for environmental cleanup and to correct alleged hazardous waste and water pollution violations at two of it facilities in Montana and Arizona. This agreement also marks the first time that a company has agreed to establish a court-enforced environmental management system (EMS) that is applicable at all of its active facilities nationwide -- 38 operating facilities with over 6,000 employees in seven states.   Consent Decree   4/15/1999
FMC Corporation, Inc. Hazardous Waste Settlement On October 16, 1998, settlement was reached with FMC Corporation, Inc. for numerous RCRA hazardous waste violations at its phosphorus production facility in Pocatello, Idaho. In the settlement, FMC has agreed to spend a total of approximately $170 million -- including the largest civil penalty ever obtained to date under the Resource Conservation and Recovery Act (RCRA) of $11,864,800. The most serious of violations involve mismanagement of ignitable and reactive phosphorus wastes in ponds. Storage of such hazardous wastes in ponds is prohibited by RCRA because of the potential threat to human health and the environment. The sediments in these ponds burn vigorously and persistently when exposed to the air, and a number of fires have been documented at these ponds in the past. The wastes in these ponds also generate phosphate and hydrogen cyanide, highly toxic gases that can cause serious health and environmental problems. FMC at times has reported elevated levels of phosphine around the ponds, and it is believed that migratory bird deaths in the area also may be attributable to phosphine poisoning.   Consent Decree   10/16/1998

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