Environmental Enforcement

punitive and deterrence

these are the goals of enforcement

EPA

this agency leads the federal administrative enforcement

DOJ

this agency represented federal agencies in court

penalties and injunctive relief

2 types of relief depending on severity and nature of the violation

penalties

cash fine

injunctive relief

a court order to stop or fix something

enforcement discretion

when agencies decide: whether to prosecute, what relief to seek, etc.

inspections

ways violations are detected

EPA

this agency can issue a written information request to help determine whether a violation occurred

notice of violation

an enforcement tool to inspire voluntary compliance

cease and desist

this is issued by the army corps of engineers under the CWA, includes corrective measures

due process

a formal compliance order is an enforcement tool that requires this

Administrative Law Judge

this person hears EPA administrative enforcement cases

District court

the EPA can bring a suit to this when ongoing relief is needed. Can result in penalties and/or injunctive relief

Penalty factors

when assessing a penality the EPA must consider nature of violation, prior history, culpability, ability to pay, etc.

intent

Criminal charges require this; they must have knowledge engaged in the conduct

criminal sanctions

Can result in imprisonment, fines, restitution to impacted communities and debarment from federal contracts

Harmon doctrine

EPA cannot duplicate enforcement when a state has already acted for the same violations and sought the same relief

citizen suits

citizens can sue violators directly or sue EPA for failure to perform a non discretionary duty

60

before filing a citizen suit, the plaintiff must give ____ day notice to the alleged violator and to EPA

ongoing violation requirement

A citizen suit is prohibited if the violation is wholly in the past

diligent prosecution bar

a citizen suit is barred if the federal/state governments is already prosecuting a civil or criminal action for the same violations and sought

standing

in a citizen suit a plaintiff must prove: injury in fact, causation and redress ability

Lujan v Defenders of wildlife

this case questions whether environmental groups had standing to challenge a federal rule limiting the endangered species act I’d application to US government actions abroad

injury in fact

actual or imminent, distinct and palpable, not abstract

causation

injury is fairly traceable to defendants conduct

redressability

a favorable decision that will address injury

standing

in Lujan v Defenders of wildlife, the Supreme Court rule that the plantiffs lacked

the impact of this case tightened standing requirements and established procedural rights - the plaintiff must have a concrete personal stake in the outcome

injury in fact, causation, redressability

3 requirements for standing

requirements for citizen suits

must have standing, must give 60 days notice, can sue for failure to act

limitations for citizen suits

violation is in the past, government is already prosecuting, attorney’s fees

Civil enforcement

seeks penalties and injunctive relief - does not need to prove intentc

criminal enforcement

knowingly engaged in conduct, intent matters