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EPA Targeting Clean Air Act Violations At Metal Recycling Facilities | Vinson & Elkins LLP

EPA Targeting Clean Air Act Violations At Metal Recycling Facilities | Vinson & Elkins LLP
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White House EPA OECA Assistant Admin. Nominee David Uhlmann

Wednesday, June 23, 2021
The White House announced on July 22, 2021, President Biden’s nomination of David Uhlmann to be the Assistant Administrator for Enforcement and Compliance Assurance (OECA) at the US Environmental Protection Agency (EPA). Uhlmann is currently the director of the Environmental Law and Policy Program at the University of Michigan Law School and was previously a federal prosecutor for 17 years, including as the Chief of the Environmental Crimes Section of the US Department of Justice. His nomination signals the White House’s clear intent to reinvigorate EPA’s enforcement program after what the EPA’s Inspector General found in its March 31, 2020 report to be years of declining case statistics across multiple administrations. ....

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Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration | Vinson & Elkins LLP

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While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and enforcement and how aggressive to be in applying them to new or ambiguous fact patterns. Because the consequences of contesting a government enforcement case can be so onerous – financially, operationally, reputationally and otherwise – how the agencies exercise this enforcement discretion can often determine, for all practical purposes, how laws actually direct business conduct. So where should you be focusing your attention? Here are several key issues to watch over the upcoming year. ....

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EPA OECA Released FY2020 Enforcement Report

Wednesday, January 20, 2021
Last week, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) released its annual enforcement report detailing the results of the past year’s civil and criminal enforcement and compliance efforts. The report covers the 2020 fiscal year, which ran from October 1, 2019, through September 30, 2020, and thus provides some key insight into the effect of the COVID-19 pandemic on environmental enforcement.
The takeaway points from the 2020 report include that EPA:
Assessed nearly $160 million administrative and judicial penalties, a decrease from the $365.9 million in 2019 (though just more than double the 2018 number), and secured injunctive relief worth approximately $2.95 billion, the smallest figure in a decade; ....

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Biden Administration Environmental Justice Focus: Enforcement Impact | Vinson & Elkins LLP

The Biden administration identified environmental justice (“EJ”) as a campaign priority
1 and the Biden-Harris team has continually emphasized its commitment to environmental justice, stating that the administration would “[e]nsure that environmental justice is a key consideration in” among other things “righting wrongs in communities that bear the brunt of pollution.”
2 How the incoming administration translates its policy statements into action that directly impacts the regulated community in the enforcement context remains an open question.
There is a well-established framework for EJ programs going back several decades. EJ has grown to include a range of issues, many of which do not directly implicate enforcement. The Biden administration’s EJ focus will likely be evolutionary rather than revolutionary. The differentiators may prove to be the level of focus and resources devoted to EJ issues and the extent to which EJ practice and programs become furt ....

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