State AG Pulse | AGs: The Dukes of (Environmental) Hazard
Williams Mullen Manufacturing Edge: Environmental Enforcement in the Current Regulatory Climate
[Webinar] EHS in the Cannabis Industry: What Happens When the E stands for Enforcement?
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
FERC: A Discussion on its Mission, Market Manipulation Investigations, and Common Violations
On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more
The United States Department of Justice (“DOJ”) and State of New York (“NY”) entered into a Consent Decree (“CD”) addressing alleged violations of the Safe Drinking Water Act (“SDWA”) with the following: Westchester Joint...more
There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more
Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more
The United States Environmental Protection Agency (“EPA”) issued a September 27th news release stating that the United States Department of Justice filed a Complaint in United States District Court (Brookland, New York)...more
On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more
The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more
On May 5, Attorney General Merrick Garland announced the return of supplemental environmental projects (SEPs) in U.S. Department of Justice (DOJ) settlements. SEPs are voluntary projects intended to benefit the environment...more
In this episode of Green Earth White Collar, Wiley Associates Grace Mahan and Holly Wilson discuss the trends they’ve seen in EPA criminal and civil enforcement over the last year and share their predictions for EPA...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
Democrats retained control of the House in November 2020, though the party enjoys a notably smaller majority after losing several seats to Republicans. Additionally, after Democrats prevailed in both runoff elections in...more
The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan...more
The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more
On November 19, 2020, in a call back to its criminal lawsuit against Joseph “Tiger King” Maldonado-Passage, the U.S. Department of Justice filed a civil lawsuit against the husband and wife team who took over the wildlife...more
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more
In memos dated March 31 and April 13, 2020, Corey Ellis, Acting Director of the U.S. Department of Justice’s (DOJ’s) Executive Office for United States Attorneys, temporarily suspended civil penalty payments, including...more
The United States Department of Justice (“DOJ”) issued a January 16th news release stating that a Washington, D.C. individual had been sentenced in the United States District Court for allegedly violating the Toxic Substances...more
During the past year, numerous developments have signaled a change in approach to environmental enforcement as it is being conducted by the Trump Administration. Enforcement continues, in several cases on high profile...more
The Environment and Natural Resources Division (“ENRD”) of the United States Department of Justice released on April 30th its “Accomplishments Report” (“Report”) for 2017. ENRD describes the Report as highlighting its...more
• A recent memorandum from the U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) provides guidance on civil and criminal enforcement of environmental laws. DOJ will continue to pursue...more
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have recently issued memoranda concerning civil enforcement of violations, including violations of environmental laws. The January...more
In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more
Three memoranda, two issued by the United States Department of Justice (“DOJ”) and one issued by EPA, mark a significant shift in how the federal government approaches civil and criminal enforcement for violations of...more
Recently, John C. Cruden, DOJ’s Assistant Attorney General in charge of the Environmental and Natural Resources Division (ENRD), which oversees DOJ’s environmental litigation, voiced a heightened commitment to enforcing...more