The Environmental Protection Agency (EPA) chooses criminal, civil or administrative enforcement based on its assessment of the severity of violations. A significant development in EPA’s enforcement strategy has been the increased integration and collaboration between its civil and criminal enforcement offices.
To further its enforcement program, the EPA recently introduced the Strategic Civil-Criminal Enforcement Policy. This policy replaces previous guidelines, is effective immediately and according to the EPA aims to address modern environmental challenges more effectively.
The key takeaways from this policy are:
- Collaboration Throughout the Process. The policy emphasizes the importance of collaboration and integrated strategic planning between civil and criminal enforcement programs within EPA, in addition to cooperation with the Department of Justice and other federal, state, local and tribal programs.
- Regular Consultation. The policy requires regular and continued meetings between civil and criminal enforcement managers, including the regional civil enforcement program, criminal field office and headquarters to ensure alignment in the implementation of national and regional priorities. The EPA intends these meetings to facilitate initial case screening, coordinate ongoing matters with civil and criminal equities and discuss a range of topics including resource issues, strategic planning and community engagement.
- Enhanced Case Management. The policy recommends the development of an effective national case sharing and tracking system as part of EPA’s data management modernization initiatives. Prior to the implementation of this system, EPA recommends information sharing in a manner that is secure and accessible to both civil and criminal programs.
- Training for Effective Collaboration. The policy recommends the implementation of a comprehensive training policy to ensure that civil and criminal enforcement program managers and staff are well-equipped to make informed decisions regarding when to pursue civil versus criminal responses and to manage parallel proceedings effectively.
Why Does This Policy Matter and What Should Stakeholders Do Next?
The EPA views the policy not simply as a procedural update affecting the internal workings of EPA, but as a blueprint guiding EPA’s enforcement strategy.
The implementation of the policy is a clear indication that environmental compliance is becoming an increasingly complex field, requiring sophisticated strategies and an in-depth understanding of regulatory changes. Stakeholders should consider the following steps to align with the evolving enforcement landscape:
- Thoroughly Review and Understand the Policy. Familiarize yourself with its details emphasizing areas of significant change and their implications for your operations.
- Evaluate and Strengthen Compliance Programs. Assess existing environmental compliance programs for their effectiveness in preventing the types of violations highlighted by EPA. Evaluate potential enhancements where necessary to align with currently recommended best practices and the agency’s enforcement priorities.
- Foster Open Communication. Ensure open lines of communication with employees and promote a top-down commitment to environmental compliance.
- Monitor Developments. Engage with environmental counsel to address potential vulnerabilities and stay ahead of enforcement trends.
- Engage with EPA. Whenever possible, engage with EPA to gain insights into enforcement priorities and to advocate for fair and balanced approaches to policy implementation.
The policy represents a new chapter in environmental enforcement, one that merits careful consideration, strategic alignment and a proactive stance on environmental compliance from the regulated community. By understanding and adapting, stakeholders can not only avoid potential pitfalls but also contribute positively to the broader goals of environmental protection and sustainability.
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