On January 22, 2018, U.S. EPA’s Assistant Administrator issued a memorandum to all U.S. EPA Regional Administrators that contained interim guidance on enforcement of environmental violations by State EPAs and the federal EPA. The interim guidance is a significant shift away from the traditional federal/state balance on enforcement giving much greater leeway to the States.
civil penalties
Surge in Environmental Citizen Suits Anticipated under Trump Administration
The Trump Administration has made rollback of environmental regulations a top priority. Through the use of Executive Orders and the Congressional Review Act(CRA), the Administration has already undone significant Obama era regulations, including the Waters of the U.S. Rule (WOTUS) and the Clean Power Plan.
The Trump Administration has also proposed significant budget cuts to…
Expect Dramatic Increases in Federal Civil Penalties for Environmental Violations
On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. The law required all federal agencies to increase civil penalties with inflation. While there were previous requirements to increase civil penalties, the new law provides for more dramatic increases attributable to the following changes:
- Requires
…
Air Emissions Violations Presumed Continuing in Nature for Purposes of Civil Penalties
On December 6, 2012, the Ohio Supreme Court issued a rare opinion pertaining to the proper calculation of civil penalties in the context of an environmental enforcement action. The decision has serious ramifications for any company that is required to perform stack tests to demonstrate compliance with air emission standards. It also may impact any…
Part 1 on U.S. EPA’s Audit Policy: The:Basics
U.S. EPA’s Environmental Audit Policy encourages companies to self-evaluate their compliance with environmental requirements and disclose any violations to EPA. As an incentive to disclose violations to EPA, the Audit Policy provides up to 100% forgiveness of gravity-based civil penalties if certain conditions are met.
U.S. EPA’s audit policy contains nine (9) conditions that must…
Bill Introduced to Extend Ohio Audit Privilege for Environmental Violations
Senator Tom Niehaus has introduced S.B. 372 bill to extend the effectiveness of Ohio’s Environmental Audit Privilege law for another five years. The law is set to expire on January 1, 2009. It was a hard fought battle for businesses to get the Audit Privilege law on the books in the late 90’s. While the law was watered…