Category: Current Affairs

The Cost of Noncompliance is Now More Expensive.

The Cost of Noncompliance is Now More Expensive. On January 10, 2018, the USEPA published its annual civil monetary penalty adjustment as required by the 2015 revisions to the Federal Civil Penalties Inflation Adjustment Act.  https://www.environmentallawandpolicy.com/wp-content/uploads/sites/452/2018/01/2018-00287.pdf  It used to be

Do You Have An International Client or Travel Out of the US?

Do You Have An International Client or Travel Out of the US? Yes, the US customs agents demand to search attorneys’ iPhones and iPads (and other mobile devices) upon the attorney’s reentry into the country (may not happen often, but

The USDOI M-37050 Does Not Really Change a Thing

The USDOI M-37050 Does Not Really Change a Thing On December 22, 2017, the USDOI issued Memorandum M-37050. The USDOI now concludes that the incidental taking of migratory birds is no longer prohibited under the Migratory Bird Treaty Act (“MBTA”). 

Proper Storm Water Sampling Techniques

Proper Storm Water Sampling Techniques Is your sample collection a function of going out on a rainy day and just collecting a sample from any storm water you find?  If it is, you are unnecessarily exposing yourself and your company

Audits – To Do or Not to Do

Audits – To Do or Not to Do The New Year brings all sorts of new issues.  There will have a new administration and, more than likely, a new enforcement focus.  That does not mean that good practices should be

Lies, Damn Lies and Statistics

Lies, Damn Lies and Statistics According to a report recently released by the United States Sentencing Commission, the most common federal offense committed by “organizational offenders” (i.e. corporations, partnerships, unions, trusts, pension funds, and non-profits) was environmental crime.  Not fraud,

Parallel Proceedings?

On December 12, 2016, the Seventh Circuit ruled that a civil determination adverse to the federal government precluded a criminal indictment. The case is U.S. v. Egan Marine Corporation and Dennis Michael Egan.   On January 19, 2005, a barge being

USEPA Increases Civil Penalties

USEPA Increases Civil Penalties On July 1, 2016, the USEPA published its interim final rule that adjusts the statutory civil monetary penalty amounts. See 81 Fed. Reg. 43091. The rule was developed after passage of the Federal Civil Penalties Inflation

Louisiana Flooding

Louisiana Flooding First off, a prayer for all of the victims of the Louisiana flooding, take care. Now, the recovery begins.  OSHA has many resources on detailing how to stay safe in the subsequent flood cleanup.  See  https://www.osha.gov/dts/weather/flood/index.html The flood

Yates to USAO Manuel to OSHA (no more Tinkers to Evers to Chance)

Yates to USAO Manuel to OSHA (no more Tinkers to Evers to Chance) An issue that has come to the forefront for the USDOJ is the decided lack of the prosecution of individuals in environmental criminal matters. In response, the