enforcement

August 27, 2018

EPA Announces New National Compliance Initiative

EPA’s Enforcement Chief, Susan Bodine, issued new guidance this week, announcing movement away from “enforcement” to “compliance” initiatives.   The initiative underscores the approach the agency is taking to lighten its civil enforcement footprint, encourage states and tribes to take the lead where they can, and promote compliance over enforcement as a matter of policy.   National Enforcement […]
May 7, 2018

EPA announces new audit policy (and self-reporting) to addresss significant noncompliance in oil and gas industry . . .

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas New Owner Audit Program The EPA is in the process of developing a New […]
April 15, 2018

Feds file major action against NY town for drinking water violations, signaling shift in enforcement priorities.

In what is a clear shift in DOJ/EPA policy involving large enforcement cases under the nation’s Clean Water Act, the Trump Administration has turned its focus to the Safe Drinking Water Act and the risks to public health associated with health-based violations.  Historically, the federal government has focused largely on enforcing against cities discharging raw […]
April 3, 2018

EPA Tries New Informal Enforcement Approach

*** EPA’s chief of enforcement, Susan Bodine, has set her sights on a new approach to improve compliance, “informal enforcement”, bringing to bear Scott Pruitt’s priorities of cooperative federalism and “back to basics”.   The approach is being criticized by some as more roll-backs, others are hailing the measure as a better way to improve compliance, […]
March 24, 2018

DOJ Issues Environmental Enforcement Priorities

DOJ’s Environment and Natural Resources Division released its enforcement principles and priorities under Attorney General Sessions which align with much of Administrator Pruitt’s “Back to Basics” approach.  DOJ will continue to pursue civil and criminal prosecutions where the leading objective is to protect the public health and maintain the integrity of environmental programs. Cases in this category arise […]
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 […]
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 […]
December 10, 2017

EEI and EHS2 Host Roundtable Discussion on Compliance and Enforcement in Trump Administration

This past week, the Edison Electric Institute and EHS2 welcomed Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement, and Jeff Wood, Acting Assistant Attorney General for DOJ’s Environment and Natural Resources Division to discuss priorities for the environment in the Trump Administration.  Discussions focused on new themes and Administration priorities including: Back to […]
April 25, 2017

Sharing and Shaping the Future of EHS2 Compliance

“Sharing and Shaping the Future of Effective EHS2 Compliance” was the theme of Earth & Water Group’s EHS2 Spring Roundtable attended by EHS leaders from over 15 organizations on April 18 in Washington. E&W Spring Newsletter offers more details and insight into EHS2 compliance, regulatory trends, and enforcement risks. Recognizing that 2017 is shaping up […]
February 21, 2017

Are States Assuming More Assertive Enforcement Role in Trump Era?

With Administrator Pruitt’s EPA in the earliest stages, some of the environmental enforcement action may be moving to the states.  The proposed changes in New Mexico, as seen in the article below, are emblematic of conversations going on in legislatures and regulatory agencies across the country.   As companies assess the enforcement landscape, and their own […]