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Enforcement and Compliance

EPA's Audit Policy Spells Success for Corporate Users, EPA, the Public, and Most Importantly, the Environment

Editors' Summary: EPA's audit policy provides incentives for companies to develop environmental audit and compliance management systems to detect, disclose, and correct violations. When companies voluntarily discover environmental...

Encouraging Self-Auditing Within the Pork Industry: The Nationwide Clean Water Act Enforcement Agreement for Agriculture's First Industry-Wide Environmental Auditing Program

Editors' Summary: Late last year, EPA and the National Pork Producers Council (NPPC) announced that they had developed a compliance assurance program (CAP) under which U.S. pork producers can reduce their penalties for FWPCA...

National Conference of State Legislatures Study Finds That State Environmental Audit Laws Have No Impact on Company Self-Auditing and Disclosure of Violations

Editors' Summary: State audit privilege and immunity laws and audit policies have been championed as a way to encourage facilities to audit, or increase the auditing of, their compliance with environmental laws. A recent study by the...

The State of Environmental Law Enforcement: A Speech Presented at the American Bar Association's 1998 Annual Meeting

Editors' Summary: At the 1998 Annual Meeting of the American Bar Association, a panel convened by the Environmental Law Institute considered whether enforcement of environmental laws is declining. In his presentation as a member of...

EPA's Audit Policy and State Audit-Privilege Laws: Moving Beyond Command and Control?

The pursuit of environmental protection traditionally meant the imposition of command-and-control regulation and enforcement by federal and state environmental authorities. For at least 25 years, the protection of this country's air,...

Promise and Reality in the Enforcement of the Amended Clean Air Act Part II: Federal Enforceability and Environmental Auditing

Editors' Summary: This Article is the second in a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence"...

Promise and Reality in the Enforcement of the Amended Clean Air Act Part I: EPA's "Any Credible Evidence" and "Compliance Assurance Monitoring" Rules

Editors' Summary: This Article is the first of a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence" rule...

Rebuttal: EPA Enforcement and the Challenge of Change

Over the past few years, regulated industry's criticism of the U.S. Environmental Protection Agency's (EPA's) approach to enforcing environmental requirements has increased. Perhaps emboldened by shifts in Congress' composition, the...

EPA's New Enforcement Policy: At Last, a Reliable Roadmap to Civil Penalty Mitigation for Self-Disclosed Violations

Editors' Summary: On December 22, 1995, EPA issued its Final Policy Statement on Incentives for Self-Policing, which sets forth the conditions under which EPA will reduce civil penalties assessed against regulated entities when they...

Confessions of an Environmental Enforcer

It has become manifest that the manner in which the U.S. Environmental Protection Agency (EPA) imposes, implements, and enforces environmental requirements is in serious need of reform. This was recently and eloquently expressed by...