Civil Penalties

Subscribe to Civil Penalties

In October 2018, the Fifth Circuit joined the overwhelming majority of US courts of appeals in ruling the statute of limitations bars civil penalties for alleged NSR violations. But, in a divided opinion, the majority said injunctive relief may still be “available” to the government. After the full court granted the Defendant’s petition for rehearing en banc, the government dropped its entire case rather than losing on injunctive relief also.
Continue Reading Federal Government Drops NSR Enforcement Case Against Luminant, Avoiding Another Nail in the Coffin of NSR Enforcement for Ancient Projects

The current administration has been in office for nearly two years, yet many questions regarding EPA and DOJ’s approach to environmental enforcement remain unanswered. Despite uncertainties, recent public statements and a review of concluded cases provide some insight into the government’s environmental enforcement priorities. …
Continue Reading Environmental Enforcement: Are There Any Trends?

The Fifth Circuit joined the overwhelming majority of US courts of appeals that have ruled that the statute of limitations bars civil penalties for alleged NSR violations. But in a divided opinion, the majority said injunctive relief may still be “available” to the government.
Continue Reading Yes, Said the Fifth Circuit: We Have Put Another Nail in the Coffin of NSR Enforcement for Ancient Projects; But It Is Not The Final Nail