The Trump Administration has made it a priority to shift more responsibility to the states on enforcement. On July 11, 2019, U.S. EPA released a memorandum to the Regional Administrators regarding federal and state enforcement. The latest policy memorandum was a collaboration between U.S. EPA and State EPA Administrators. The memorandum includes:
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.
On July 29th, the Michigan Attorney General Bill Schuette charged six more public officials in connection with their roles in the Flint Water Crisis. One of the six charged included a senior management official at the Michigan Department of Environmental Quality (MDEQ)- the former Chief of the Office of Drinking Water and Municipal Assistance. The
On February 28, 2016, U.S. EPA publicly announced its priority enforcement areas (EPA National Enforcement Initiatives or NEIs) for the next three years (fiscal years 2017-2019). The announcement provides keen insight into how EPA plans to allocate its enforcement resources in the coming years.
EPA describes the NEIs in the following manner:
"Every three
We know that U.S. EPA budget is tight. Maybe that is why they are looking for new and innovative ways to reduce their work load. This is evident in the memorandum released on January 7, 2015 by EPA’s Office of Enforcement and Compliance Assurance.
The memorandum is titled "Use of Next Generation Compliance Tools
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When most people think of businesses that handle hazardous waste, they think of manufacturing and other industrial companies. The classic image is the storage of 55 gallon drums marked with placards indicating the contents are hazardous.
In the last two years and unlikely sector has found themselves the focus hazardous waste enforcement and regulatory
An EPA inspector shows up at your facility unannounced and requests access to inspect your facility. Do you have to let them in? If you deny access, how likely is it that EPA will quickly gain access? What is the downside of making EPA go through the step of legally gaining access by obtaining a
On March 20, 2012, the U.S. Supreme Court handed down the much anticipated decision in Sackett v. EPA. The Court rejected U.S. EPA’s claims that its administrative enforcement orders were not subject to pre-enforcement review. The Court’s decision provides a new tool to challenge EPA administrative compliance orders.
Synopsis of the Case
The Clean Water
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
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