Tag Archives: Enforcement

California’s Appliance Efficiency Standards and Cost of Non-Compliance

It is no secret that California has had appliance efficiency standards in place for some time now. And it is no secret that the California Energy Commission (“CEC”) has been responsible for crafting those standards. According to the CEC and the California State Legislature, however, compliance with those standards has been hit-or-miss. In 2011, the … Continue Reading

President Trump’s Budget Proposal Would Curb EPA’s Environmental Enforcement Spending by 20 Percent, But Major Enforcement Priorities Would Continue

The White House Office of Management and Budget released on Tuesday the Trump administration’s first full budget proposal for the 2018 fiscal year (starting in October 2017). The comprehensive proposal provides detail about the administration’s policy priorities. If the budget is adopted by Congress as written, the Environmental Protection Agency would face its greatest budget cuts ever. These cuts would broadly impact federal environmental efforts, including the enforcement of federal environmental laws.… Continue Reading

Susan Parker Bodine Nominated to Head EPA’s National Enforcement Office

President Trump recently nominated Susan Parker Bodine to lead the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (“OECA”). OECA is responsible for coordinating the enforcement of federal environmental laws under EPA’s authority. OECA acts through a combination of compliance assistance, administrative enforcement and, in partnership with the US Department of Justice, civil and criminal enforcement.… Continue Reading

Environmental Enforcement Efforts Continue Amid Regulatory Rollbacks

The latest news is full of stories of federal agencies reviewing and, in some cases, rescinding environmental regulations and cutting agency spending. From these reports, it could seem the federal government might also cut back its enforcement of environmental laws. But in fact, even in this turbulent regulatory and fiscal appropriations landscape, enforcement–particularly criminal enforcement–of core existing environmental laws is one aspect of environmental regulation that is sure to continue.… Continue Reading

What’s Next for EPA’s “Next Generation Compliance” Program

Since 2013, EPA’s enforcement office has been promoting an initiative it terms Next Generation Compliance. In common parlance, the term “next generation” refers to the next stage of development or version of something. The term inherently suggests improvement – a better mousetrap, for example. Who would object to such progress? Several recent applications of EPA’s “Next Gen” strategy illustrate that, as with most things in life, the devil is in the details.… Continue Reading

EPA Releases Fiscal Year 2016 Enforcement Statistics Showing Continued Focus on High-Profile, Complex Cases Due to Decreasing Agency Resources

On Monday, December 19, the US Environmental Protection Agency released its enforcement and compliance annual results for fiscal year 2016 (FY 2016). The report compiles environmental enforcement statistics for the final year of the Obama administration and shows the continuation of an enforcement trend focusing on high-impact, high-value cases intended by the administration to deliver significant environmental and public health results and drive compliance across regulated industry. The wildcard in drawing conclusions from this year’s report, however, is how the terrain will change with the arrival of the Trump administration in early 2017. … Continue Reading

Environmental Enforcement Through an Administration Transition

As the presidential transition draws nearer, many have asked what the change in administration will mean for the enforcement of our nation’s environmental laws. The Environmental Protection Agency, Department of Interior, Army Corps of Engineers, US Coast Guard and other agencies are all tasked with enforcement responsibilities under the major federal environmental statutes. The future of environmental enforcement under the incoming Trump administration thus depends on the future of each of these agencies.… Continue Reading
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