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July 8, 2016

Virginia announced that it has secured financial commitments of up to $12 million from Alpha Natural Resources for cleanup and reclamation of the former Twin Star mine in Buchanan County. The cleanup funds, which were secured as part of the federal bankruptcy proceedings of Alpha Natural Resources, will provide significant water quality and environmental benefits to Buchanan County and prevent taxpayers from having to fund cleanup, closure, and water quality improvement efforts at the former mine site. The Twin Star complex is the only Virginia mine still owned by Alpha, after the company sold off its other Virginia mines. VA

June 28, 2016

New York announced its participation in an interrelated series of partial settlements with Volkswagen AG and its Audi and Porsche affiliates arising from Volkswagen’s violations of emissions standards and state consumer protection laws. As part of the settlements, some of which are still subject to court approval, all owners of 2.0 liter, 4-cylinder engine VW and Audi diesel cars in New York will be entitled to be paid full, pre-scandal fair market value for their vehicle, in addition to a cash payment of at least $5,100. Under the deal, car owners may also choose to keep their vehicle and wait to see if VW and Audi develop acceptable emissions fixes; car owners who exercise this option will also receive a cash payment of at least $5,100. The settlements will also direct to New York over $115 million for environmental projects to improve New York’s air quality, as well as over $30 million in additional monetary recoveries for the state’s general fund. NY, FL, TX

June 28, 2016

In two related settlements, one with the United States and the State of California, and one with the FTC, German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers. Volkswagen will offer consumers a buyback and lease termination for nearly 500,000 model year 2009-2015 2.0 liter diesel vehicles sold or leased in the U.S., and spend up to $10.03 billion to compensate consumers under the program. In addition, the companies will spend $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology. FTC

April 22, 2016

OXY USA Inc., a subsidiary of Occidental Petroleum Company, agreed to spend an estimated $40 million to clean up contaminated water and sediments in the Ocoee River and one of its watersheds at the Copper Basin Mining District Superfund Site in Polk County, Tennessee.  In addition, OXY USA will reimburse EPA approximately $10.8 million toward costs incurred in its past cleanup actions at the site.  The company will also reimburse EPA and the state of Tennessee for costs incurred by those agencies in overseeing the work required by the settlement.  DOJ

April 20, 2016

A group of 66 companies agreed to spend an estimated $70 million to clean up contaminated groundwater at the Omega Chemical Corporation Superfund Site in Whittier, California.  In addition, the parties will reimburse EPA $8 million and the California Department of Toxic Substances Control $70,000 toward costs incurred in those agencies’ past cleanup actions at the site.  DOJ

April 12, 2016

Four companies that market skin care products, shampoos, and sunscreens online — ShiKai, Rocky Mountain Sunscreen, EDEN BodyWorks, and Beyond Coastal — have agreed to settle FTC charges that they falsely claimed that their products are “all natural” or “100% natural,” despite the fact that they contain synthetic ingredients. The proposed consent orders bar the four settling respondents from misrepresenting the following when advertising, promoting, or selling a product: 1) whether the product is all natural or 100 percent natural; 2) the extent to which the product contains any natural or synthetic components; 3) the ingredients or composition of a product; and 4) the environmental or health benefits of a product. FTC

April 8, 2016

Norwegian shipping company DSD Shipping was sentenced to pay a total corporate penalty of $2.5 million as a result of its convictions for obstructing justice, violating the Act to Prevent Pollution from Ships, and tampering with witnesses.  DOJ

March 29, 2016

The pest control corporation Terminix International Company agreed to pay $10 million in criminal fines, community service and restitution payments to settle charges of violating the Federal Insecticide, Fungicide and Rodenticide Act for illegally applying fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John where a family of four fell seriously ill last year after the unit below them was fumigated.  DOJ

March 29, 2016

The FTC has charged that Volkswagen Group of America, Inc. deceived consumers with the advertising campaign it used to promote its supposedly “clean diesel” VWs and Audis, which Volkswagen fitted with illegal emission defeat devices designed to mask high emissions during government tests. The FTC is seeking a court order requiring Volkswagen to compensate American consumers who bought or leased an affected vehicle between late 2008 and late 2015, as well as an injunction to prevent Volkswagen from engaging in this type of conduct again. FTC

March 16, 2016

John Bennett, the former founder and CEO of Canada-based Bennett Environmental Inc. was convicted of conspiring to pay kickbacks to guarantee the award of soil treatment contracts to his company for work at Federal Creosote, a Superfund site located in Manville, New Jersey.  Specifically, in exchange for gifts and cash payments, the project manager at Federal Creosote provided Bennett with “last looks” at confidential competitor bids, allowing Bennett to outbid its competitors without independently determining its price, thereby guaranteeing an award to the company and undermining the competitive bid process on this federally-funded project.  DOJ
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