Category: Environmental

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 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

“Next Gen” Enforcement – An Example

“Next Gen” Enforcement – An Example There has been a considerable “uptick” in civil Consent Agreement and Final Orders (“CAFOs”) executed by the United States Environmental Protection Agency (“USEPA”) Region 6.  I have heard from numerous sources that have confirmed

One Texas County’s Enforcement Action

One Texas County’s Enforcement Action Hunt County, Texas is aggressive in its enforcement actions and has retained a private law firm to prosecute an environmental enforcement action for the alleged illegal disposal of waste material.  The private law firm was

Suspension and Debarment – a Strategy?

Suspension and Debarment – a Strategy? On June 15, 2016, the Interagency Suspension and Debarment Committee (ISDC) released its annual report to Congress setting out statistics and providing a summary of federal agency suspension and debarment activities for the 2015

Arming the Government

Arming the Government The Wall Street Journal ran an article today ( that the number of “non-Defense Department federal officers authorized to make arrests and carry firearms (200,000) now exceeds the number of U.S. Marines (182,000).”  And then asks the

The Origins of an Environmental Crimes Case

The Origins of an Environmental Crimes Case It has often been said that the only difference between an environmental criminal investigation and civil enforcement is who discovers the violation first.  And how does a violation get uncovered, as there are