Environmental Law

More Enforcement from the Feds on the Horizon?

By Walter James

On Monday, July 6, 2009, Inside EPA reported that the USEPA Administrator Lisa Jackson, in a July 2, 2009, memorandum sent to Office of Enforcement & Compliance Assurance Assistant Administrator Cynthia Giles, wrote that water in the United States was not meeting public health and environmental goals, and that the USEPA?s data shows ?the level of significant non-compliance with permitting requirements is unacceptably high and the level of enforcement activity is unacceptably low.?

Is the USEPA laying the groundwork for rescinding some states? delegated authority to enforce the law under the CWA?  Is it happening as well under the CAA?  It is happening.  Under the CWA, one needs look no further than this weekend?s New York Times . . . http://www.nytimes.com/2009/09/13/us/13water.html?_r=1&adxnnl=1&adxnnlx=1252843427-CkpNQ1/vfvMs1aBgkw9Ks  Under the CAA, the Dallas Morning News was reporting last week that the USEPA was stepping up its enforcement and oversight of air permits in Texas.  http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-enforcement_10bus.ART0.State.Edition2.4bbb09f.html

It is a harbinger of things to come . . ..  And that only means one thing.  More enforcement on the civil and criminal side.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on September 14, 2009 (boomark / email).