USEPA Enforcement Results for 2011
On December 8, 2011, the USEPA release its annual enforcement and compliance results. In its fiscal year 2011, USEPA enforcement actions levied civil penalties of approximately $168,000,000.00. The $168,000,000.00 in civil penalties assessed is a combination of $152,000,000.00 in federal penalties and $16,000,000.00 in joint enforcement by the USEPA and state/local governments. The USEPA does not disclose how much it actually collects (which I would submit would pose a greater deterrent). I always wonder what the collection rate is and whether the $168,000,000.00 is the “opening demand” on the civil penalties or is it the result of the negotiation process.
Cynthia Giles, the Assistant Administrator for the USEPA’s Office of Enforcement and Compliance Assurance, is quoted as saying that the annual results reflect the “strong and effective enforcement program” of the USEPA.
In FY 2011, the USEPA enforcement also resulted in $35,000,000.00 in criminal fines and restitution, $2,000,000.00 in court ordered environmental projects and “89.5 years of incarceration to deter future violations.”
You can get more information on the USEPA’s FY 2011 enforcement and compliance results at http://epa.gov/compliance/resources/reports/endofyear/eoy2011/index.html
More later.
As always, feel free to contact me via e-mail at walter.james@jamespllc.com.
WDJiii