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Full-Text Articles in Law
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Northern Illinois University Law Review
The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Northern Illinois University Law Review
Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …