The Carrot or the Stick?

The Carrot or the Stick? When I first started practicing environmental law in 1987, I read the book “America’s Future in Toxic Waste Management: Lessons from Europe” by Bruce W. Piasecki and Gary A. Davis. In the book, they discussed

Posted in Current Affairs, Environment, Environmental

Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties

Texas Supreme Court Holds Manager Personally Liable for Environmental Penalties This is a guest post from my good friend Jim Smith at Crain Caton. In State of Texas v. Morello, the Texas Supreme Court reversed a mid-level appellate court and

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

Decrease in Enforcement under the Trump Administration

Decrease in Enforcement under the Trump Administration As if there was any real doubt, the New York Times (yes, derided by the current administration as fake news) reports that USEPA penalties against the regulated community “comes with an astersik.” See, Rise

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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”). 

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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

Posted in Current Affairs, Environment, Environmental, Environmental Crimes

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,

Posted in Current Affairs, Environment, Environmental, 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

Posted in Current Affairs, Environment, Environmental, Environmental Crimes