EPA Enforcement

February 12, 2018

Trump EPA Touts Enforcement as Key to Positive Health and Environmental Outcomes

The release of EPA’s fiscal year 2017 enforcement results give a picture of the enforcement priorities .  The results reflect four months of the Obama administration and eight months of the Trump administration, and the major cases that make up the results in terms of pollution impacts, fines, and injunctive relief were all either initiated or completed […]
February 8, 2018

New EPA Enforcement Guidance – “No Surprises” Approach with States

EPA’s Chief Enforcement Officer, Susan Bodine, has issued guidance on EPA and state coordination with a focus on cooperative federalism.  Interim OECA Guidance on Enhancing Regional-State Planning and Communication on Compliance Assurance Work in Authorized States, Jan. 22, 2018. Among other things, the guidance requires EPA Regional Offices to develop procedures to better communicate and […]
January 19, 2018

Wastewater Operations – Representative Means Representative

An important reminder to all companies with environmental compliance obligations, including collecting and reporting sample results to a regulatory agency.   Most Clean Water Act wastewater permits include a provision that requires the permittee to collect and report data on “representative samples” to determine compliance with the permit effluent limits.   This applies to discharges that go […]
December 12, 2017

Former Volkswagen Manager Receives 7 Years Jail Time in Diesel Emissions Cheating Scandal

Last week’s sentencing of former VW manager Oliver Schmidt to seven years in prison sends a clear message to those engaged in misconduct in the automotive sector: DOJ, EPA, and the Federal Judiciary are taking a hard line on criminal conduct.  Expect continued scrutiny in the emissions space across entire auto sector. Eric Lawrence of the Detroit […]
November 1, 2017

Clean Air Act Settlement Indicates Enforcement Remains a Significant Tool in in this EPA's Tool Box

The civil settlement between EPA, DOJ, Colorado and the PDC Energy should let those in the oil and gas sector know that the civil cop remains on the beat at the EPA.  And although this settlement may have more of a compliance focus than some in the past, it is reasonable to assume that enforcement in this sector, including […]
August 31, 2017

EPA Watchdog to Investigate Compliance by Drinking Water Systems for Notifying Public of Unsafe Water

Further evidence that EPA remains serious about the safety and quality of the Nation’s drinking water systems, the Agency’s independent watchdog, the Office of Inspector General, has initiated a research project to assess the level of compliance by drinking water systems with the Safe Drinking Water Act’s requirement that such systems notify the public as required […]
July 13, 2017

Roadmap to Effective EHSS Compliance – How Does Your Program Fare?

Below are questions developed by a compliance specialist within the U.S. Department of Justice’s criminal division to assess the effectiveness of a corporate compliance program or areas for improvement.  These questions apply to all forms of regulatory compliance, including environment, health, safety and security programs. For companies committed to EHSS compliance, periodically using these questions […]
June 11, 2017

AG Sessions Issues New Policy on Settlement Payments – What Are the Implications for EPA Settlements

Attorney General Sessions issued a new policy this past week, Prohibition on Settlement Payments to Third Parties, in response to increased criticism by GOP regarding payments to liberal activist groups as part of a federal settlement.  The GOP has criticized the Obama DOJ for agreeing to allow big banks and corporations to pay these groups when they […]
April 25, 2017

E&W's Spring '17 Compliance and Enforcement Newsletter

We are pleased to share with you the attached Spring edition of the Earth & Water Group’s Compliance and Enforcement Newsletter.   As the Trump Administration continues to shake things up in Washington D.C., creating added uncertainty for EPA and other agencies, many of the underlying risks to corporate EHS programs remain intact and, in fact, […]
February 25, 2017

DOJ Issues New Compliance Guidelines – How Does Your EHS Program Measure Up?

Benjamin Franklin, known for his wisdom and sophisms, uttered a number of now famous quotes, including, “an ounce of prevention is worth a pound of cure.”  That particular quote has its roots in Franklin’s efforts to organize the Philadelphia Union Fire Company and the creation of institutionalized fire-fighting.  The underlying theme, that it was far […]