Lisa P. Jackson has been approved by the senate as the USEPA Administrator. Eric Holder has been approved as the Attorney General. So, why has not enforcement picked up? All I can do is counsel patience for those who will benefit from the increased enforcement (lawyers and consultants). To those who will be the targets, all I can counsel is patience.
An environmental criminal investigation can have a life as long as two or three years (and sometime longer). To lawyers and consultants, that is good news. To those being investigated, that is a cruel and unsettling adventure. The uncertainty is probably the worst aspect. A civil enforcement matter can last upwards of several years as well. In a civil enforcement, the activity level is probably a little more predictable than that of a criminal investigation. There is no typical enforcement action, however.
How is an enforcement action started? Sometimes it is a disgruntled employee or ex-employee. Sometimes it is as a result of a concerned citizen. Sometimes it is as the result of luck. And sometimes it is the result of good old fashioned detective work by the respective investigating agency. However an investigation gets started, as most experienced practitioners will tell you, whether it goes criminal or civil (or both) often depends upon who shows up at your door first.
More later.
As always, feel free to contact me via e-mail at walter.james@jamespllc.com.
WDJiii