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Enforcement and Compliance

New York v. National Highway Traffic Safety Administration

The Second Circuit vacated a final rule published by the National Highway Traffic Safety Administration (NHTSA) that reversed the agency's 2016 civil penalty increase for noncompliance with Corporate Average Fuel Economy (CAFE)...

California v. United States Department of the Interior

A district court denied a motion to enforce its previous order vacating DOI's repeal of the Valuation Rule and reinstating prior regulations governing payment of royalties on oil, gas, and coal extracted pursuant to leases on federal...

Natural Resources Defense Council v. Bodine

A district court granted EPA's cross-motion for summary judgment in a lawsuit concerning the Agency's issuance of a temporary policy that scaled back enforcement efforts during the COVID-19 pandemic. Environmental justice, public health...

EPA’s Criminal Prosecution and Punishment of Environmental Crimes

The U.S. Environmental Protection Agency (EPA) has the difficult mission of crafting complex environmental rules and regulations while considering the economic costs of those actions. The Agency must also engage in law enforcement...

United States v. Sawyer

The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS...

“Running on Fumes”: The Development of New EPA Regulations in an Era of Scarcity

EPA’s operating budgets and staff size are at historically low levels, and the volume of its facility inspections and civil enforcement cases has dropped. The enforcement resources available to state environmental agencies have also...

Internal Investigations of Environmental Crimes

The initiation of a government environmental criminal investigation or discovery of a serious compliance issue often triggers the need to conduct an internal investigation. The decision to conduct an internal investigation entails...

Next Generation Compliance

This Article is adapted from Chapter One of Next Generation Environmental Compliance and Enforcement (LeRoy C. Paddock and Jessica A. Wentz eds.) published in 2014 by ELI Press. The book emerged from a two-day EPA workshop...

Measuring Environmental Enforcement Success: The Elusive Search for Objectivity

How best to measure the effectiveness of environmental enforcement is a long-standing question. Recently, EPA stirred renewed interest in how to measure enforcement success. Its Draft FY 2014-2018 Strategic Plan suggested a new...

United States v. Maury

The Third Circuit upheld the conviction of a pipe foundry company and four of its employees for various environmental crimes, including conspiring to commit environmental pollution and worker safety violations, attempting to cover up or...

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