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Civil penalties

United States v. Dearborn Refining Co.

A district court held that the United States' action to collect an EPA civil monetary penalty imposed against an oil refining company...

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...

Supplemental Environmental Projects: A New Approach for EPA Enforcement

Editors' Summary: Supplemental Environmental Projects (SEPs) are environmentally beneficial projects that regulated parties perform in exchange for penalty reductions when settling claims for alleged violations. This Article...

Federal Oil Pollution Law and Regulatory Developments

Editors' Summary: Whether Congress intended it or not, the Oil Pollution Act of 1990 (OPA) has shaken the entire oil exploration and production industry to its core. Precipitated by the Exxon Valdez oil spill, the Act...

EPA's Narrow Definition of Economic Benefit Vastly Increases Its Economic Benefit Estimate

The policy that a violator should not gain financially from noncompliance with environmental regulations appeals to regulators, the regulated community, and the public. From the government's point of view, the concept provides a basis...

EPA's Civil Penalty Policies: Making the Penalty Fit the Violation

Editors' Summary: EPA has set numerous records in recent years in assessing civil penalties against violators of environmental laws. This Comment explains how EPA uses guidance documents called civil penalty policies to calculate...

Risky Business: OSHA's Hazard Communication Standard, EPA's Toxic Release Inventory, and Environmental Safety

Editors' Summary: One goal of information laws is to fulfill the Jeffersonian ideal of empowering citizens through knowledge. OSHA's hazard communication standard (HCS) and EPA's toxics release inventory (TRI) grow from the concept...

Civil Penalties and the Economic Benefits of Noncompliance: A Better Alternative for Attorneys Than EPA's BEN Model

My object all sublime

I shall achieve in time —

To make the punishment fit the crime.

— Gilbert and Sullivan, The Mikado

Federal environmental laws provide for civil penalties based on a number of...