• These reports also come just days before the release of President Trump's Fiscal Year 2018 budget proposal, which is expected to drastically cut EPA's enforcement resources. (senate.gov)
  • According to the article, Devon Energy had been in discussions to install technology that would address claims made by the Obama Administration EPA's Office of Enforcement and Compliance Assistance (OECA) that a site in Wyoming was "illegally emitting 80 tons each year of hazardous chemicals, like benzene, a known carcinogen," and was also discussing the payment of a "six-figure penalty" to settle these claims. (senate.gov)
  • The 1990 amendments to the Act also addressed ozone depletion, established a national permits program for stationary emitting sources, promoted the use of alternative fuels, required major reductions in air toxic emissions, and laid out realistic timetables and commitments to assure steady progress in reducing ozone in cities that have not yet attained air quality standards while increasing EPA's enforcement authority. (wikipedia.org)
  • PIERRE - Attorney General Marty Jackley joined with Attorneys General from twelve other states in filing a lawsuit against the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) over the EPA's new rule defining "Waters of the United States" under the Clean Water Act. (dakotawarcollege.com)
  • If you suspect a persistent polluter in your area, email us (or click here to use the EPA's report a violator form ) for instructions to assist the EPA in catching him! (ehso.com)
  • The Memorandum also announces the EPA's decision to retire several NEIs that focus on specific and targeted industries, leaving these NEIs to the agency's core enforcement program, as implemented at the state level. (daypitney.com)
  • The EPA's bloated budgets have armed the agency with the ability to not only add new programs, but also enhance its core programs, including enforcement. (btlaw.com)
  • The gold standard of enforcement cases (from the EPA's perspective) is the criminal case. (btlaw.com)
  • The EPA's regulatory approach is based on the foundation of firm and fair compliance and enforcement. (sa.gov.au)
  • Second, on July 14, 2021, EPA released a national PFAS testing strategy under the Toxic Substances Control Act that requires industry to test the toxicity and other properties of PFAS and report the results to EPA's waste and water offices. (lglawfirm.com)
  • The Act's goal of designating PFOA and PFOS as hazardous substances aligns with the EPA's objectives outlined in the agency's PFAS Action Plan, released in 2019. (lglawfirm.com)
  • Under the federal EPA's small business compliance policy, the EPA also can eliminate or significantly reduce penalties for businesses with fewer than 100 employees that voluntarily discover violations of environmental laws and promptly disclose and correct them. (bbklaw.com)
  • The Summary database is not guaranteed to contain all cases investigated or prosecuted by EPA's Criminal Enforcement Program. (epa.gov)
  • The defendant illegally stored chemicals in a residential area that were too unstable to safely transport for disposal," said Acting Special Agent in Charge Scot Adair of EPA's criminal enforcement program in California. (sandiegonewscape.com)
  • The EPA then issued an "implementation memo" in March 2023 that laid the groundwork for the EPA's plan to combat cybersecurity risk. (regulatoryoversight.com)
  • The states' brief argues that the EPA's Cybersecurity Rule unlawfully imposes new legal requirements on states and PWSs, and that the rule exceeds the EPA's statutory authority by ignoring congressional actions limiting cybersecurity requirements to large PWSs and changing the criteria for sanitary surveys through a memorandum. (regulatoryoversight.com)
  • In a separate brief, the water associations argued that the Cybersecurity Rule exceeds the EPA's authority under the Safe Drinking Water Act, which provides the EPA with limited authority to address cybersecurity vulnerabilities, and Congress did not intend for the EPA to use the act to impose sanitary surveys, regulate smaller water systems, or force states to collect sensitive information and evaluate cybersecurity at PWSs. (regulatoryoversight.com)
  • Use EPA's Enforcement and Compliance History Online website to search for facilities in your community to assess their compliance with environmental regulations. (epa.gov)
  • The EPA doesn't think cement kilns are that big of a factor in mercury pollution, but the EPA's estimate is based on voluntary disclosure by kiln operators. (environmentreport.org)
  • We are deeply concerned that these actions undermine key enforcement programs and severely limit EPA's ability to address climate change and protect public health and the environment. (elsemanarioonline.com)
  • EPA's 1996 advance notice of proposed rulemaking for Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities , which was later substantially withdrawn, is considered to be the primary guidance for corrective action. (epa.gov)
  • The Summary of Criminal Prosecutions Database is the primary source of the data displayed in the Criminal Enforcement Case Report. (epa.gov)
  • The Summary of Criminal Prosecutions resulting from environmental investigations provides information on concluded criminal enforcement cases, by the U.S. Government's fiscal year. (epa.gov)
  • The ECHO Enforcement Case Search queries civil cases entered into the Integrated Compliance Information System (ICIS) and criminal cases entered into the Summary of Criminal Prosecutions database. (epa.gov)
  • On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) issued a final rule to amend the agencies' earlier "Revised Definition of 'Waters of the United States,'" published on January 18, 2023. (rmmenvirolaw.com)
  • While the EPA and Army's January 2023 WOTUS Rule was not directly before the Supreme Court, the Sackett decision made clear that certain aspects of the that Rule were invalid, in turn creating further uncertainty for CWA implementation. (rmmenvirolaw.com)
  • On May 20, the New York Times reported that oil and gas producer Devon Energy, the target of an ongoing EPA enforcement action, reversed its willingness to address air pollution violations less than a week after Mr. Pruitt's arrival as EPA Administrator. (senate.gov)
  • Vessel owners/operators (cruise ships, cargo vessels, fishing vessels, tug/barges), defended with respect to allegations of environmental violations in criminal and administrative cases, and with respect to violations of the coastwise laws. (blankrome.com)
  • The EPA and its federal, state and local law enforcement partners investigate and prosecute significant and egregious violations of environmental laws. (ehso.com)
  • Violations of the primary EPA statutes - the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act (regulating management of hazardous wastes) - normally are charged as felonies and can carry substantial prison time and monetary penalties. (btlaw.com)
  • once a company becomes aware of its inability to comply, it may be just a matter of time before it faces scrutiny for continuing to allow "knowing" violations to occur - and failure to rectify such a condition can lead to criminal prosecution. (btlaw.com)
  • It should be well settled that, as the plaintiff in an enforcement case, the government bears the burden of proving alleged violations, but in some instances, the agency investigation can require extensive and burdensome responses from the regulated entity. (bdlaw.com)
  • According to the EPA, its temporary enforcement discretion policy will apply to civil violations and address different categories of noncompliance differently. (dentistrytoday.com)
  • The policy does not provide leniency for intentional criminal violations of law, nor does it apply to activities carried out under Superfund and RCRA Corrective Action enforcement instruments. (dentistrytoday.com)
  • Criminal actions are usually reserved for the most serious violations, those that are willful, or knowingly committed. (epa.gov)
  • Spurred by the "significant excess emissions and Clean Air Act noncompliance from vapor control systems" observed by the EPA and producing states, the Program's intent is to incentivize facility owners to self-identify, self-report and self-correct violations. (kirkland.com)
  • The Program does not absolve owners from potential criminal liability for violations, extend to issues that are not identified and disclosed in the audit, or preclude the EPA from taking enforcement action for violations that occur after the EPA makes a final determination. (kirkland.com)
  • Upon satisfactory completion of these activities, the EPA will absolve the owner of civil (but not criminal) liability for violations that were discovered, corrected and disclosed during the audit process. (kirkland.com)
  • The EPA makes the final determination as to whether the owner has satisfied the terms of the Agreement and reserves the right to assess penalties for violations that were not satisfactorily disclosed and addressed pursuant to the Agreement. (kirkland.com)
  • We manage internal investigations prompted by inquiries by government agents and defend companies and corporate executives charged with criminal violations of the environmental and workplace safety law. (bakerbotts.com)
  • According to the EPA, the intent of the voluntary Program is to provide environmental protection and certainty to owners of upstream exploration and production facilities in the oil and natural gas sector. (kirkland.com)
  • top Democrat on the Senate Environment and Public Works (EPW) Committee, requested information from Environmental Protection Agency (EPA) Administrator Scott Pruitt about the agency's enforcement record. (senate.gov)
  • We are concerned that historically low staffing levels, combined with a series of recent actions taken by EPA management, undermine the agency's enforcement capability," the three Democratic Committee leaders continued in their letter to Wheeler. (elsemanarioonline.com)
  • Under his direction, the Agency achieved record levels in criminal and civil enforcement actions, and collected more in fines and penalties in his four years than in the Agency's previous 18-year history. (wikipedia.org)
  • The new rule greatly expands and brings numerous isolated bodies of water under the jurisdiction of the EPA and Corps with the result that landowners will have to seek additional federal permits or face substantial fines and federal criminal enforcement actions. (dakotawarcollege.com)
  • an increase in the total of criminal fines, restitution, and mitigation to $2.98 billion and an increase in the years of incarceration from criminal enforcement to 150 years. (chctraining.com)
  • EPA asserts that this increase of both fines and incarceration for non-compliance has led to an increase of the overall value of the agency's actions to a staggering $20 billion for 2017. (chctraining.com)
  • How many broken homes, welfare payments, divorces, fines, jail terms and shattered lives must there be in the name of law and order, merely for the benefit of the law enforcement growth industry? (angelfire.com)
  • EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements," said EPA Administrator Andrew Wheeler. (dentistrytoday.com)
  • These civil and criminal enforcement actions, along with administrative actions taken by the EPA and HUD, resulted in the testing and cleanup of tens of thousands of dwelling units, the collection of hundreds of thousands of dollars in civil penalties, and the establishment of supplemental projects (including child health improvement plans) to conduct inspections, abatement projects, and free blood lead testing for children. (americanbar.org)
  • No. Failure to implement the plan will result in State or Federal enforcement actions, civil penalties, and or criminal sanctions. (aurora-il.org)
  • Evansville, IN - Refusal to cooperate with the U.S. Environmental Protection agency (EPA) resulted in a lawsuit by the Department of Justice leading to $500 million in costs including $490,000 in penalties and an additional $4 million in environmental projects. (aurora-il.org)
  • Criminal Penalties c. (mass.gov)
  • In FY 2014, EPA enforcement actions required U.S. companies to pay more than $163 million in combined Federal administrative, civil judicial penalties and criminal fine. (procomplianceware.com)
  • The EPA has waived potential penalties ranging from $8,700 to $459,000 for dozens of companies that satisfied all of the conditions of the EPA self-disclosure policies and had no economic-benefit gains. (bbklaw.com)
  • Under the policy, the EPA does not expect to seek penalties for noncompliance with routine monitoring and reporting obligations that are the result of the pandemic. (dentistrytoday.com)
  • And they're less likely to pay civil or criminal penalties when compared to the Clinton Administration. (environmentreport.org)
  • The Clean Water Act imposes substantial criminal and civil penalties for discharging any pollutant into waters covered by the Act without a permit from the Corps. (hopkinscarley.com)
  • parties need not await enforcement proceedings before challenging final agency action where such proceedings carry the risk of "serious criminal and civil penalties. (hopkinscarley.com)
  • If respondents discharged fill material without a permit, in the mistaken belief that their property did not contain jurisdictional waters, they would expose themselves to civil penalties of up to $37,500 for each day they violated the Act, to say nothing of potential criminal liability. (hopkinscarley.com)
  • If a facility violates the conditions in its RCRA permit, the EPA or an authorized state may take an enforcement action to bring the facility back into compliance with its permit and to collect penalties for noncompliance. (epa.gov)
  • The EPA will continue to focus on reducing the most serious risks of accidental releases at industrial and chemical facilities, and on addressing the most significant sources of hazardous air pollutants and toxic air emissions, as well as unpermitted discharges. (daypitney.com)
  • On September 8, 2021, EPA released the "Preliminary Effluent Guidelines Program Plan 15" ("Plan"), which announced new rulemakings and studies regarding PFAS in wastewater discharges and plans to revise effluent limitation guidelines ("ELGs") for power plants, landfills, the metal industry, and the Organic Chemicals, Plastics, and Synthetic Fibers ("OCPSF") industry. (lglawfirm.com)
  • Importantly, the Plan is the first time EPA has publicly committed to implement rules that limit PFAS in wastewater discharges. (lglawfirm.com)
  • The States are seeking to have the rule vacated and the EPA and Corps enjoined from enforcing the new definition of WOTUS. (dakotawarcollege.com)
  • Agencies should consider applying "the rule of lenity" to administrative investigations, enforcement actions, and adjudication. (bdlaw.com)
  • The rule of lenity is a statutory construction principle found in criminal law that OMB is applying to civil cases here. (bdlaw.com)
  • The EPA expects compliance with the Final Rule to reduce the discharge of mercury into POTWs by at least 5.1 tons per year. (dentistrytoday.com)
  • The ADA thanked the EPA for its flexibility in enforcing the Final Rule and its deadline. (dentistrytoday.com)
  • Federal criminal code and rules as amended to May 1, 1988 (including rule amendments effective August 1 and November 1, 1988 absent contrary Congressional action). (epa.gov)
  • On July 25, Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works Association and National Rural Water Association (the water associations), petitioned the Eighth Circuit to review the U.S. Environmental Protection Agency's (EPA) new rule requiring states to review and report cybersecurity threats to their public water systems (PWS). (regulatoryoversight.com)
  • The water associations argued that the rule "contravenes Congress's thoughtful policy preference that cybersecurity in smaller PWSs be addressed with assistance, not regulation, from EPA. (regulatoryoversight.com)
  • If the new rule becomes a binding requirement, as the EPA intends, the states and their PWSs will face legal obligations that, if ignored, could potentially cause them to lose control over Safe Drinking Water Act programs and compromise federal funding. (regulatoryoversight.com)
  • The states' challenge to the EPA rule may ultimately be successful, but new regulations and legislation to address the same concerns are likely in a world that increasingly relies on complex technology that is susceptible to attack by bad actors. (regulatoryoversight.com)
  • In 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) finalized a rule that either "clarified" the scope of Clean Water Act that regulates "the discharge of any pollutant" into "the waters of the United States" or greatly expanded their regulatory authority to puddles, ponds, ditches, and occasional wet spots all across America. (hopkinscarley.com)
  • To be eligible for enforcement discretion, the policy also requires facilities to document decisions made to prevent or mitigate noncompliance and demonstrate how the noncompliance was caused by the pandemic. (dentistrytoday.com)
  • How the EPA regulates air and water quality, and control of pollution, waste, noise and radiation. (sa.gov.au)
  • When it came to enforcement, federal involvement was strictly limited to matters involving interstate waters and only with the consent of the state in which the pollution originated. (slideserve.com)
  • and pollution control and risk reduction technologies have been mandated by EPA and implemented by the relevant industries. (windpowerengineering.com)
  • An EPA spokesman says they're committed to holding polluters accountable. (environmentreport.org)
  • According to multiple reports, the Trump EPA has initiated far fewer civil and criminal enforcement cases against polluters for violating environmental laws, including a 20 percent reduction in civil cases initiated against polluters and a 30 percent cut in criminal enforcement cases. (elsemanarioonline.com)
  • Rosenstein's office, after consulting the Justice Department's top political appointee on environmental law, then "directed" federal prosecutors "to resolve the Monsanto criminal case with misdemeanors only" before July 2019, according to the document. (pogo.org)
  • Consistent with this shift from its past enforcement paradigm, the EPA announced the renaming of what were previously referred to as National Enforcement Initiatives (NEIs), or "national priorities," as National Compliance Initiatives (NCIs), effective in 2019. (daypitney.com)
  • the completion of ongoing enforcement actions under the current NEIs is a stated EPA focus for fiscal year 2019. (daypitney.com)
  • The Act is virtually identical to the PFAC Action Act of 2019, which passed in the U.S. House of Representatives but ultimately died in the Senate. (lglawfirm.com)
  • On September 2, 2021, EPA published Draft Method 1633, the first draft laboratory analytical method with the ability to test for forty PFAS substances in several different environmental media including wastewater, surface water, and soil. (lglawfirm.com)
  • About 103,000 of the approximately 130,000 dental offices in the United States use or remove amalgam and send their wastewater to POTWs, the EPA said. (dentistrytoday.com)
  • In 2011, Mr. Pruitt went so far as to send a nearly identical version of a letter drafted by Devon Energy on federal methane regulations to then EPA Administrator Lisa Jackson on his office's letterhead. (senate.gov)
  • I want to thank our partners across the federal government for their assistance in bringing these actions, and I pledge the department's ongoing dedication to ending mail fraud. (justice.gov)
  • We also have represented clients before numerous federal and state environmental regulatory agencies, and we have handled matters arising in nearly all of the EPA regions. (thompsoncoburn.com)
  • The EPA is creating uncertainty for our agriculture and business community that needs to have fairness and a degree of common sense in federal regulation. (dakotawarcollege.com)
  • Our report, prepared with contributions from Texas Environmental Justice Advocacy Services (t.e.j.a.s) and Clean Power Lake County, documents the ways in which the administration's attacks on science are harming marginalized communities, highlights some of the actions communities are taking to fight back and protect themselves, and offers recommendations for federal, state, and local policymakers as well as scientists and technical experts. (ucsusa.org)
  • The Memo directs federal agencies to "consider [ten] principles of fairness in administrative enforcement and adjudication" and to "revise their procedures and practices in light of them. (bdlaw.com)
  • It outlines a list of best practices for federal agencies to consider as they review and revise their existing investigation and enforcement procedures. (bdlaw.com)
  • First, pursuant to its authority under the Safe Drinking Water Act ("SWDA"), on July 12, 2021, EPA released its contaminant candidate list 5 ("CCL5"), which lists broad classes of PFAS chemicals for potential future regulation as groups and will provide federal officials with comprehensive data regarding the effect PFAS have on drinking water. (lglawfirm.com)
  • EPA will take comments on the Plan for 30 days after publication in the Federal Register. (lglawfirm.com)
  • Additionally, the federal EPA has incentives for new owners of businesses to encourage them to look closely at compliance issues at their recently acquired facilities, self-disclose and fix environmental problems they find. (bbklaw.com)
  • If it is known or suspected that there has been a potential violation of an environmental law, time is of the essence, as a business has 21 days from the discovery to disclose the violation in writing to the federal EPA. (bbklaw.com)
  • The Criminal Enforcement Case Report summarizes concluded federal criminal actions resulting from environmental investigations taken by the U.S. EPA. (epa.gov)
  • Federal criminal code and rules as amended to February 1, 1991. (epa.gov)
  • Federal criminal code and rules. (epa.gov)
  • Find information on formal federal administrative and judicial enforcement actions. (epa.gov)
  • If your company is subject to oversight by the U.S. Environmental Protection Agency (EPA), our federal compliance attorneys can help you meet your legal obligations and avoid the substantial costs of non-compliance. (federal-lawyer.com)
  • Federal environmental compliance can largely be divided into four critical areas, all of which are subject to the oversight of the U.S. Environmental Protection Agency (EPA). (federal-lawyer.com)
  • Along with the Clean Water Act, various other sources of federal authority require careful and critical assessment in order to determine what is permitted, what is prohibited, and when EPA approval is necessary. (federal-lawyer.com)
  • In both those articles, there were warnings from former EPA staff, aligning with our own government experience, that cutting off new hiring sends all the wrong signals to young professionals about opportunities to spend part of their careers in public service-while also threatening the capacity of our federal agencies to address current and future risks. (ucsusa.org)
  • The Committee Democrats also pointed to reports that over 1,600 workers left EPA during the first 18 months of the Administration, bringing the agency's staffing levels to an historic low. (elsemanarioonline.com)
  • According to the Post, at least 1,600 staff have left EPA since January 2017, with fewer than 400 new employees hired. (ucsusa.org)
  • The remaining chemicals were removed from the sites, and disposed of as hazardous waste through the EPA Superfund program at a cost of approximately $114,000. (sandiegonewscape.com)
  • The EPA is overstepping its Congressional authority and seizing rights specifically reserved to the States," Jackley said. (dakotawarcollege.com)
  • These staff reductions fly in the face of Congressional action that appropriated funds for the EPA to maintain these programs. (ucsusa.org)
  • From chemical plants and processing facilities to mines, mills, and ports, all types of businesses are subject to permitting and approval requirements, routine and ad hoc inspections, and vigorous EPA enforcement. (federal-lawyer.com)
  • By long tradition , Washington defers to the 93 U.S. attorney offices around the country to make the vast majority of prosecution decisions in criminal cases. (pogo.org)
  • It includes civil settlements, cy pres provisions (the distribution of residual funds from class-action settlements), plea agreements, non-prosecution agreements, and deferred prosecution agreements. (complianceweek.com)
  • The suite of enforcement tools includes criminal prosecution, and administrative and civil proceedings. (sa.gov.au)
  • Jeanne writes and lectures extensively on criminal enforcement of environmental laws and U.S. Coast Guard regulatory matters. (blankrome.com)
  • Regulatory interactions and compliance interventions undertaken may be a combination of encouragement and deterrence to motivate action and deliver improved outcomes, and use a range of targeted tools involving the key elements depicted below. (sa.gov.au)
  • The EPA will not ignore any negligent or criminal act which threatens or damages the environment or which undermines the regulatory regime. (sa.gov.au)
  • The EPA will have regard to and seek to further the objects of the Environment Protection Act 1993 , including taking into account social, environmental and economic factors when making regulatory decisions. (sa.gov.au)
  • Environmental legislation provides the EPA with a variety of regulatory tools and the ability to exercise discretion to determine which tool is appropriate for particular circumstances. (sa.gov.au)
  • The Regulatory options and tools provides detailed information about the tools the EPA may use to manage non-compliance and the circumstances under which the tools may be applied. (sa.gov.au)
  • The Spencer Fane Environmental team has deep experience helping clients not only identify and resolve acute environmental challenges - regulatory enforcement actions and litigation - but also providing guidance that helps reduce near-term and long-term business risks. (spencerfane.com)
  • The EPA expects regulated facilities such as dental practices to comply with regulatory requirements where reasonably practicable and to return to compliance as quickly as possible. (dentistrytoday.com)
  • An agency's decision is final if (1) it is definitive or there are no further agency procedures, (2) the action has legal force or great practical impact, and (3) judicial review would be efficient or would serve to enforce the regulatory scheme. (justia.com)
  • The Court's opinion considerably narrows the regulatory reach of the EPA and the Army by invalidating the agencies' application of the "significant nexus" test and promulgating a limited interpretation of jurisdictional "waters" and "adjacent wetlands" that are covered by the CWA. (rmmenvirolaw.com)
  • Importantly, these (and other issues) are often regulated at the state and local levels as well, and our attorneys can assist with state and local regulatory and compliance matters as well as matters falling within the jurisdiction of the EPA. (federal-lawyer.com)
  • We have a long track record of assisting clients with civil enforcement matters under air , water , waste , toxic substances and safety regulatory programs. (bakerbotts.com)
  • This includes completing not only the self-audit, violation disclosure and performance of corrective actions, but also complying with reporting and recordkeeping requirements. (kirkland.com)
  • Under the first of these categories, the owner has 180 days from the discovery of the violation to take corrective actions to prevent the recurrence of the violation, while under the second, it has only 60 days to do so. (kirkland.com)
  • Ciba-Geigy argues that the EPA acted in violation of FIFRA by issuing the mailgram without an opportunity for a hearing. (justia.com)
  • When warranted, EPA will take civil or criminal enforcement action against violators of environmental laws. (procomplianceware.com)
  • Amalgam includes mercury, which the EPA considers a neurotoxin with a wide range of health effects. (dentistrytoday.com)
  • During the past few years, the DOJ, the Department of Housing and Urban Development (HUD), the EPA, and state and local governments throughout the country undertook a nationwide initiative to enforce the Residential Lead-Based Paint Hazard Reduction Act. (americanbar.org)
  • The U.S. Environmental Protection Agency (EPA), under the Clean Air Act, requires the state of Nevada to conduct vehicle emissions testing in certain areas because the areas exceed national standards for carbon monoxide and ozone. (ohsonline.com)
  • Criminal cases give the EPA and state environmental agencies the media exposure they crave to spotlight its programs and promote deterrence (and thus compliance) and thereby to enhance environmental protection. (btlaw.com)
  • Although EPA will not require the test method in CWA compliance monitoring until it officially promulgates Draft Method 1633, EPA is strongly encouraging state regulators to start using the new method to set discharge limits for National Pollutant Discharge Elimination System ("NPDES") permit holders and applicants. (lglawfirm.com)
  • Criminal Actions can occur when EPA or a state enforce against a company or person through a criminal action. (epa.gov)
  • RCRA § 3005(c)(3) - Allows the EPA or an authorized state to include corrective action and other requirements in a permit as necessary to protect human health and the environment. (epa.gov)
  • 2001 - The EPA didn't save them! (ehso.com)
  • Further, upon official promulgation, EPA intends to use the testing method to establish technology-based PFAS effluent limits for several industry sectors. (lglawfirm.com)
  • Government enforcement of environmental laws and regulations is "where the rubber hits the road and everything else hits the fan," as Joel A. Mintz , a professor emeritus of law at Nova Southeastern University and former EPA attorney, wrote in his book Enforcement at the EPA , quoting an experienced insider. (pogo.org)
  • The Environmental Protection Agency (EPA) defines environmental justice as 'the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. (americanbar.org)
  • Agencies should apply "limiting principles" to the duration of investigations by creating regulations that will require an investigation to end with either a staff recommendation to commence an enforcement action or by closing the investigation within a defined time period. (bdlaw.com)
  • In August 2022, the EPA provided a report to Congress describing its plan and prioritization framework for addressing the cybersecurity needs of the public water system. (regulatoryoversight.com)
  • Designating PFAS as hazardous substances under CERCLA could significantly expand the scope of potentially responsible parties and cleanup costs at CERCLA sites, impact compliance obligations and costs, increase enforcement actions, and trigger future litigation. (lglawfirm.com)
  • Civil and criminal enforcement actions brought by the Division as well as U.S. Attorneys' Offices have resulted in a series of successes. (americanbar.org)
  • Division attorneys regularly work with the EPA and low-income and minority communities to develop supplemental environmental projects that address community concerns. (americanbar.org)
  • With a bench of former government attorneys that understand what drives government enforcement, including the Acting Assistant Attorney General and Chief of Environmental Crimes of the Environment & Natural Resources Division of the Department of Justice, we bring sound commercial judgment and experience to our clients' most challenging environmental enforcement matters. (bakerbotts.com)
  • Senator Carper requested that Mr. Pruitt provide relevant documents and answers to specific questions by June 23, 2017 in order to understand whether his commitment to Congress regarding enforcement actions prior to his confirmation is consistent with actions he taken since assuming his new position. (senate.gov)
  • Last month, the Environmental Protection Agency (EPA) released their annual Environmental Enforcement Results for 2017. (chctraining.com)
  • The Memorandum clarifies that the EPA will emphasize the use of alternative compliance approaches in lieu of traditional enforcement practices such as facility inspections, formal enforcement cases, and the initiation of civil, criminal or judicial actions. (daypitney.com)
  • Generally speaking, these best practices appear to be aimed at providing greater due process to entities targeted for investigations and enforcement actions and promoting transparency and accountability in the initiation and pursuit of enforcement actions. (bdlaw.com)
  • Your temporary enforcement discretion policy will help a number of dentists whose practices have been substantially impacted by this extraordinary public health crisis," said ADA president Chad P. Gehani, DDS, and executive director Kathleen T. O'Loughlin, DMD, MPH, in a letter to Wheeler. (dentistrytoday.com)
  • According to the Memorandum, these NEIs are being retired because the EPA feels the environmental compliance issues that led to their listing as NEIs have been largely resolved and compliance has been generally achieved throughout these sectors. (daypitney.com)
  • It being concluded that the defendant Environmental Protection Agency (EPA) has neither issued a final order directed to the plaintiff Ciba-Geigy nor taken any other final action which is reviewable by the Court, the complaint is dismissed for lack of subject matter jurisdiction. (justia.com)
  • Where a statute commits review of agency action to the court of appeals, any suit seeking relief that might affect the circuit court's future jurisdiction is subject to the exclusive review of the court of appeals. (justia.com)
  • The Corps contended that the respondents had only two alternative courses of action if they wanted to challenge the Corps' assertion of jurisdiction. (hopkinscarley.com)
  • For example, permit excursions commonly result in civil enforcement actions under the Clean Water Act, the Clean Air Act, and other statutes. (btlaw.com)
  • EPA regularly enters into tolling agreements in both administrative and judicial cases and requires some, but not senior-level, management approval. (bdlaw.com)
  • The mailgram cannot meet the first standard because FIFRA provides an elaborate procedural scheme for agency enforcement action, which includes subsequent administrative and judicial review. (justia.com)
  • They could either act without a permit, risking an EPA enforcement action during which they could argue that no permit was required, or they could apply for a permit and seek judicial re¬view if they were dissatisfied with the results. (hopkinscarley.com)
  • The new policy, effective immediately, applies to all civil and criminal cases litigated under the direction of the attorney general. (complianceweek.com)
  • This recommendation could modify current EPA practice, depending on the management level at which this approval is delegated. (bdlaw.com)
  • Ensure compliance with standards , addressing and resolving deficiencies before enforcement is sought. (spencerfane.com)
  • EPA works to ensure compliance with environmental requirements. (procomplianceware.com)
  • Today's actions include both criminal and civil cases against multiple direct mailers who, collectively, are responsible for dozens of schemes involving tens of millions of dollars every year. (justice.gov)
  • With more money to hire, train and deploy inspectors and agents to find environmental infractions, more enforcement cases are inevitable. (btlaw.com)
  • Today's actions send a clear message that the Department of Justice is determined to hold the perpetrators of these harmful schemes accountable. (justice.gov)
  • The law enforcement and civil injunction efforts announced today are just a part of our initiative," said Postal Service's Chief Postal Inspector Guy Cottrell. (justice.gov)
  • Ciba-Geigy seeks a declaratory judgment and an injunction against future enforcement action by the EPA regarding the labeling of products containing the pesticide simazine. (justia.com)
  • Lying about car emissions means dirtier air, which is especially of concern in areas like Las Vegas that are already experiencing air quality problems," said Cynthia Giles, assistant administrator for Enforcement and Compliance Assurance at EPA. (ohsonline.com)
  • On August 21, in a memorandum to the Regional Administrators (the Memorandum), the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance communicated the agency's plan to transition its enforcement framework "to better convey the message that increased compliance is the goal, and enforcement actions are not the only tool for achieving this goal. (daypitney.com)
  • Our aim is that the balanced and principled use of compliance and enforcement tools will ensure that our actions are consistent, fair and effective, and will provide assurance to the community that the EPA is working to fulfil its role of protecting the environment. (sa.gov.au)
  • We are writing to request information on a series of actions by the Trump Administration regarding the EPA Office of Enforcement and Compliance Assurance (OECA)," the lawmakers wrote. (elsemanarioonline.com)
  • So, it is particularly disturbing that the EPA Office of Enforcement and Compliance Assurance (OECA) has taken a major hit in staffing over the past 19 months in the Trump Administration. (ucsusa.org)
  • I write with concern and to request information regarding an article in today's New York Times ( How Rollbacks at Scott Pruitt's E.P.A. Are a Boon to Oil and Gas" ) that describes an abrupt reversal in willingness by Devon Energy to install technology to detect and reduce emissions of harmful air pollutants since you were sworn in as Administrator of the Environmental Protection Agency (EPA). (senate.gov)
  • Urgent action is needed if we are going to tackle the hidden blight of ammonia emissions. (eponline.com)
  • The December 6th letter follows a letter sent earlier this month by the three Democratic Committee leaders to EPA requesting documents and information about the agency's decision to roll back policies that reduce greenhouse gas emissions to address climate change. (elsemanarioonline.com)
  • An early step in that direction would be abandoning the Obama Administration's Climate Action Plan, which addresses methane emissions from existing oil and gas sources, including Information Collection Requests (ICRs) under the plan that are currently pending. (windpowerengineering.com)
  • These efforts will be complicated by precedent in the U.S. Supreme Court and D.C. Circuit compelling EPA to address greenhouse gas emissions, at least in the short term. (windpowerengineering.com)
  • EPA has recently accelerated its comprehensive, multi-agency approach to assess the risks posed by PFAS. (lglawfirm.com)
  • EPA and our law enforcement partners are committed to addressing these risks and enforcing our environmental laws. (sandiegonewscape.com)
  • Respondents need not assume such risks while waiting for EPA to "drop the hammer" in order to have their day in court. (hopkinscarley.com)
  • [1] " Transition from National Enforcement Initiatives to National Compliance Initiatives ," August 21, 2018. (daypitney.com)
  • It took a while to get the answer, but the overall results are even worse that we suspected: In EPA headquarters, at least 73 OECA staff left the office and only 4 were hired between the start of the Trump administration and late July 2018. (ucsusa.org)
  • The U.S. Environmental Protection Agency defines a SEP as "an environmentally beneficial project or activity that is not required by law, but that a defendant agrees to undertake as part of the settlement of an enforcement action. (complianceweek.com)
  • Then we must consider the administrative agencies which bring actions against citizens, such as building, electrical, health, fire, welfare and plumbing departments and the like. (angelfire.com)
  • New agency directions call for changing the priorities for enforcement and for dropping a special focus on oil and gas extraction and concentrated animal feeding operations, because the agency says issues with these industries have been largely resolved. (ucsusa.org)
  • Other enforcement actions are reviewable by the district court, § 16(a), 7 U.S.C. § 136n(a). (justia.com)
  • The Supreme Court found that neither alternative was adequate and ruled that a jurisdictional determination is a final agency action judicially reviewable under the Administrative Procedures Act without waiting for the Corps to finish the permitting process. (hopkinscarley.com)
  • No. Abolishing the EPA would require Congress to unwind more than forty years of environmental law upon which the business community depends. (windpowerengineering.com)
  • It is much more likely that the Trump Administration and Congress would narrow or eliminate certain provisions of U.S. environmental laws that are currently implemented and enforced by EPA. (windpowerengineering.com)
  • Indeed, it seems that around the country, the Trump Administration has gone ahead and made cutbacks not only in enforcement, but also in areas such as the Chesapeake Bay Program, the Great Lakes Program, the Gulf of Mexico program, and others-despite the fact that Congress provided the funding for them. (ucsusa.org)
  • In a press release announcing the memo, EPA Assistant Administrator for Water Radhika Fox said, "Cyber-attacks against critical infrastructure facilities, including drinking water systems, are increasing, and public water systems are vulnerable. (regulatoryoversight.com)
  • Agencies should ensure that regulated parties are not required to prove a negative in order to prevent liability and enforcement consequences. (bdlaw.com)
  • Agencies should streamline actions through the adoption of estoppel and res judicata principles to eliminate multiple enforcement actions for a single body of operative facts. (bdlaw.com)
  • Solutions to the crime problem must provide restitution for the victim, punish the criminal, decrease the prison population, eliminate over- crowding of prisons which cannot be emptied, eliminate capital punishment, and make the entire criminal justice system self-supporting by paying for itself in productive accomplishment. (angelfire.com)
  • The new policy particularly threatens corporate defendants' funding of supplemental environmental projects (SEPs) in settling Justice Department enforcement actions involving environmental disputes. (complianceweek.com)
  • RCRA § 3004(u) - Requires corrective action for releases of hazardous waste or hazardous constituents from Solid Waste Management Units (SWMUs) identified in a facility permit. (epa.gov)
  • Basic Information - contains information that identifies the action and some key descriptive variables, such as fiscal year, statute, and citation. (epa.gov)
  • The owner and the EPA consult on these matters at the beginning of the process. (kirkland.com)
  • ECHO provides many features to a variety to explore compliance and enforcement data. (epa.gov)