As we shared in our February 18, 2026, blog post, the Environmental Protection Agency (EPA) is focused on compliance over enforcement, but the EPA is setting “faster expectations for corrective action. Below, we discuss some recent actions that make it clear that enforcement is still making headlines.
$125 Million To Clean Up Superfund Site
From the United States Department of Justice: “The Justice Department, on behalf of the Environmental Protection Agency (EPA), today lodged a proposed settlement agreement with Environmental Resource Holdings LLC (ERH) to perform critical work to support the cleanup of the Diamond Alkali Superfund site, including the lower 17 miles of the Passaic River. The work is estimated to cost $125 million and focuses on the next steps needed to get the in-river work started.”
ERH is a wholly-owned, indirect subsidiary of Occidental Petroleum Corporation.
As proposed, ERH would construct an upland processing facility and several upland support facilities that would enable dredging and capping work in the Lower Passaic River. The construction would include a facility to handle sediment dredged from the river before sending it for off-site disposal.
The Assistant Administrator for the Office of Enforcement and Compliance Assurance, Jeffrey Hall, said, “This settlement demonstrates this Administration’s commitment to expediting work through cooperative engagement and well-tailored agreements.”
Also see our June 22, 2026, blog, Closing Superfund Sites Faster?
$7.6 Million Settlement for Environmental Violations
As reported by the Office of the District Attorney, County of Riverside (California), District Attorney Michael A. Hestrin announced that Penske Truck Leasing will pay $7,660,000 for several environmental law violations.
According to reports, investigations began in San Bernardino County after the company didn’t correct violations at several underground storage tank locations, including tampering with a sensor in 2022.
Investigators later found that Penske facilities in other counties also violated California law related to underground storage tanks, aboveground storage tanks, hazardous waste, and hazardous materials, according to authorities (source: Patch Alameda).
As part of the settlement, Penske must implement changes in protocol, including hiring an environmental compliance manager.
The court found that, between 2019 and 2023, Republic violated the CWA by exceeding limits for osmotic pressure and Boron (image purchased from Shutterstock).
$9.2 Million for Violation of the Clean Water Act
A landfill in Pennsylvania was recently fined for violating its National Pollutant Discharge Elimination System (NPDES) permit over a period of several years.
The Court Document (United States District Court for the Middle District of Pennsylvania) states, “Republic Services of Pennsylvania LLC (“Republic”) polluted Kreutz Creek – a tributary of the Susquehanna River – and thereby violated the Clean Water Act (“CWA”). The court convened a three-day bench trial to hear evidence as to the appropriate sanction for Republic’s unlawful behavior. Upon consideration of the evidence and the law, the appropriate sanction is a civil penalty of $9,200,000.”
The court found that, between 2019 and 2023, Republic violated the CWA by exceeding limits for osmotic pressure and Boron. From the Court Document: “Republic ‘definitively became aware’ its wastewater treatment facility was incapable of meeting the effluent standards for osmotic pressure and boron on January 23, 2017, since the facility was not designed to treat for those constituents.”
The law firm, Freeman Mathis & Gary, reported: “The court reasoned that Republic committed violations which were ‘numerous, frequent, severe, involved toxic substances, and created a real threat of harm to Kreutz Creek and those who use it,’ warranting a ‘meaningful penalty,’ noting that Republic violated its 2017 NPDES permit for nearly six uninterrupted years and was slow to respond to the violations.”
For more information about recent environmental enforcement, you can read some of our past blogs.
Environmental Assistance
If you have questions or need assistance with an environmental matter, we can help. We have decades of hands-on experience in assessment/remediation, and we have provided litigation support since 1988. For more information, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125, or Matthew Schroeder, M.S., P.E., Ext. 117.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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