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Lucas J. Narducci
Practice Area Chair
Tiffany J. Andersen
John D. Burnside
Barton D. Day
Michael C. Ford
Troy B. Froderman
Megan A. Heald
Maribeth M. Klein
Mitchell J. Klein
Margaret B. LaBianca
Anthony W. Merrill
Russell E. Rosenthal
Scott A Young
To learn more
about our Environmental
and Natural Resources
practice,
or to contact
one of our Environmental
attorneys,
click here.
www.polsinelli.com
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July 2010 |
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An Environmental & Natural Resources Update: |
Vigorous Civil and Criminal Enforcement Will Continue to Play a Central Role in EPA’s Strategic Plan
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The Environmental Protection Agency (EPA) is seeking public comment on its Draft FY 2011-2015 Strategic Plan (Strategic Plan) which sets forth EPA’s long-term vision, strategic goals and the strategies to achieve them. EPA’s position is that “vigorous civil and criminal enforcement plays a central role in achieving” its strategic goals which include:
- Taking action on climate change and improving air quality;
- Protecting America’s waters;
- Cleaning up our communities;
- Ensuring the safety of chemicals and pollution prevention; and
- Enforcing environmental laws.
More specifically, the proposal calls for focused enforcement actions to reduce air pollution from the largest sources; increased enforcement actions regarding waters that do not meet water quality standards; aggressive pursuit of parties to remediate sites; and general enforcement efforts to ensure chemical safety and pollution prevention.
Regulated entities should particularly take note of EPA’s plans regarding criminal enforcement. The proposed Strategic Plan promises increased criminal enforcement of the most serious pollution violations–cases that involve serious harm or injury; hazardous or toxic releases; ongoing, repetitive, or multiple releases; serious documented exposure to pollutants; and violations with significant repeat or chronic noncompliance or prior criminal conviction. EPA has set a triad of goals:
- Increasing the percentage of enforcement cases treated as criminal violations;
- Increasing the number of individuals charged with criminal offenses; and
- Increasing the number of cases resulting in criminal indictments, convictions, fines, or incarceration.
More details about the Strategic Plan can be found online at http://www.epa.gov/ocfo/plan/plan.htm. Public comment on the Strategic Plan began June 18, 2010 and continues until July 30, 2010.
For More Information
Should you require further information on this subject or any matters involving Environmental and Natural Resources Law, please contact the Environmental Group Administrative Assistant Ibby Foster at (602) 650-2317 or ifoster@polsinelli.com, or Practice Group Chair Lucas Narducci at (602)650-2301 or lnarducci@polsinelli.com. |
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About Polsinelli Shughart PC
With more than 500 attorneys, Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business litigation, financial services, bankruptcy, real estate, business law, labor and employment, construction, life sciences and health care. Serving corporate, institutional and individual clients regionally, nationally and worldwide, Polsinelli Shughart is known for successfully applying forward-thinking strategies for both straightforward and complex legal matters. The firm can be found online at www.polsinelli.com. |
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