Category: Environmental Crimes

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

“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

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

USEPA Enforcement Observations

There is no other way to look at it – criminal enforcement by the USEPA is down and is down significantly from past years. Why is that? Has the public all of a sudden decided to get religion and comply

City of Houston Enforcement Pre-empted

On Friday, April 29, 2016, the Texas Supreme Court handed down an important decision, very favorable to industry, involving the City of Houston’s over-the-top criminal enforcement program.  While this one involved the Texas Clean Air Act (“TCAA”), it will have

What has Happened to the USEPA Criminal Enforcement Program?

What has Happened to the USEPA Criminal Enforcement Program?  I was reading this morning another article about the “new” USEPA Enforcement Initiatives.  Notwithstanding the USEPA’s enforcement statistics, criminal enforcement is down.  Fewer cases are being made and the cases that