NYC Bar Event: Developments in International Environmental Compliance & Enforcement

 

Earthworks Report Released: Breaking All the Rules: The Crisis in Oil & Gas Regulatory Enforcement

Recently, Earthworks a pro-environmental "nonprofit organization dedicated to protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions," released the results of a one-year study of state enforcement data and practices in Pennsylvania, Texas, Ohio, New York, New Mexico and Colorado."  Entitled, Breaking All the Rules: The Crisis in Oil & Gas Regulatory Enforcement (2012), the 125 page report available here is free as downloadable pdf and is accompanied by six individual state reports:

• Colorado Oil and Gas Conservation Commission
• New Mexico Oil and Gas Conservation Division
• New York Department of Environmental Conservation
• Ohio Division of Oil and Gas Resources Management
• Pennsylvania Department of Environmental Protection
• Texas Railroad Commission

For more information on the underlying data used to generate these reports please consult the following links:

Colorado

• Colorado Oil & Gas Enforcement
• Colorado Oil & Gas Enforcement - Enforcement Actions
• Colorado Oil & Gas Enforcement - Inspections
• Colorado Oil & Gas Enforcement - Violations

New Mexico

• New Mexico Oil & Gas Enforcement
• New Mexico Oil & Gas Enforcement - Enforcement Actions
• New Mexico Oil & Gas Enforcement - Inspections
• New Mexico Oil & Gas Enforcement - the Public’s Role
• New Mexico Oil & Gas Enforcement - Violations

New York

• New York Oil & Gas Enforcement
• New York Oil & Gas Enforcement - Enforcement Actions
• New York Oil & Gas Enforcement - Inspections
• New York Oil & Gas Enforcement - Public Participation
• New York Oil & Gas Enforcement - Violations

Ohio

• Ohio Oil & Gas Enforcement
• Ohio Oil & Gas Enforcement - Enforcement Actions
• Ohio Oil & Gas Enforcement - Inspections
• Ohio Oil & Gas Enforcement - the Public’s Role
• Ohio Oil & Gas Enforcement - Violations

Pennsylvania

• Pennsylvania Oil & Gas Enforcement
• Pennsylvania Oil & Gas Enforcement - Enforcement Actions
• Pennsylvania Oil & Gas Enforcement - Inspections
• Pennsylvania Oil & Gas Enforcement - Public Participation
• Pennsylvania Oil & Gas Enforcement - Violations

Texas

• Texas Oil & Gas Enforcement
• Texas Oil & Gas Enforcement - Enforcement Actions
• Texas Oil & Gas Enforcement - Inspections
• Texas Oil & Gas Enforcement - Public Participation
• Texas Oil & Gas Enforcement - Violations

Proceedings of the 9th International Conference on Environmental Compliance and Enforcement. -- INECE

Proceedings of the 9th International Conference on Environmental Compliance and Enforcement. The theme of the conference was “Enforcement Cooperation: Strengthening Environmental Governance” and the conference was held in Whistler, British Columbia, Canada, from 20-24 June 2011.

The Proceedings provide a robust overview of the breadth of issues discussed at the Conference. Among other things, they present summaries of the plenary sessions, the many workshop discussions, and include sixty-one papers, all submitted by members of the INECE community, that support the themes of the Conference: Enforcement Challenges Across Borders, Promoting Compliance with Climate-related Requirements, Proven Compliance and Enforcement Strategies, Improving Implementation of Environmental Legislation, Non-Traditional Approaches, Strengthening Compliance Institutions, and ‘Developing Effective Enforcement Networks.

As a whole, these Proceedings capture the calls to action, recommendations, and outcomes that emerged during INECE’s 9th International Conference. The Proceedings serve to promote dialogue at both the national and international level on the broad themes of the Conference. The Proceedings capture the awareness and excitement that was displayed at the Conference and serve to demonstrate that environmental compliance and enforcement programs create value across all areas of society.

Water Pollution Convictions for 2010 Down -- TRAC

This report from the Transactional Records Access Clearinghouse (TRAC) states that the latest available data from the Justice Department show that during the first ten months of FY 2010 the government reported 23 new convictions for these matters. Those cases had a lead charge of "33 USC 1319 - Water Pollution - Enforcement". If this activity continues at the same pace, the annual total of convictions will be 28 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is down 12.5% over the past fiscal year when the number of convictions totaled 32.

Criminal Enforcement of Environmental Laws -- CLE

This ABA CLE program will take place on Thursday September 23, 2010 The course will be held at Venable LLP, located at 575 7th Street, NW, Washington, DC 20004.

This one-day annual course of study provides the only comprehensive discussion of environmental crimes in the country. It is not just for lawyers whose clients have been stung – who are involved in real or potential exposure to criminal sanctions. It is also for lawyers whose clients are in the hive – whose very businesses necessarily involve environmental issues, whether because they are manufacturers; because they hold or develop real estate; or because their businesses involve the use, transportation, or storage of material that can give rise to environmental liability.

The course adresses developments in enforcement policy and practice. The faculty includes both government attorneys and private practitioners, nearly all of whom have prosecutorial experience. They will analyze how cases are brought and offer insights on how you, whether you are in a firm or a corporate legal department, can best serve your clients at various stages of proceedings, from internal investigation to trial to post-trial. The course helps lawyers better respond to environmental criminal investigations and prosecutions; communicate with their clients, including corporate officers and the board of directors; and negotiate and resolve matters with the government.

In four panel discussions, representatives from the U.S. EPA, the Environmental Crimes Section at the U.S. Department of Justice, and private sectors talk about current developments in criminal enforcement of environmental laws, including:

Dealing with a Criminal Case in the Midst of an Environmental Crisis

What's New in the Internal Investigation World

Trial of the Environmental Crimes Case

New Cases, Familiar Faces

Principles of Environmental Compliance and Enforcement Handbook

This handbook published by the International Network for Environmental Compliance and Enforcement (INECE) (view publication description here) dated April 2009 outlines some of the important considerations in designing, implementing and evaluating effective environmental enforcement and compliance programs. It serves as background reading for the training course on the Principles of Environmental Enforcement and Compliance. In 1992, the USEPA created this course in response to a request by Poland’s Ministry of Environmental Protection, Natural Resources and Forestry. The Netherlands’ Ministry of Housing, Spatial Planning and Environment contributed significantly to the development of this course. Since its first delivery in 1992, the Principles course has been given hundreds of times in countries throughout the world.

Successful implementation of environmental requirements requires significant effort and forethought. Changes in behavior are difficult to accomplish on both a societal and personal level. No one formula exists for achieving compliance. There is merely trial, evaluation, and adaptation to find the most effect compliance strategies for any given situation. Nevertheless, a reliable framework for designing compliance assurance programs has emerged based on the experiences of countries around the world. The information in this handbook derives from these experiences.

Decline of Clean Water Act Enforcement Program

This Memo from the House Majority Staff, Committee on Oversight and Government Reform, and Majority Staff, Committee on Transportation and Infrastructure to Rep. Henry A. Waxman Chairman, House Committee on Oversight and Government Reform, and James L. Oberstar Chairman, House Committee on Transportation and Infrastructure dated December 16,2008 details allegations that the Clean Water Act enforcement program has deteriorated significantly over the past two years. The memo is based on a review of more than 20,000 pages of documents produced to the Committees by the Environmental Protection Agency and the U.S. Army Corps of Engineers.

Documents are found here:Supporting Documents


The documents indicate that the Supreme Court's decision on June 19,2006, in Rapanos v. United States and the Administration's guidance implementing that decision have resulted in a decline in the number of Clean Water Act inspections, investigations, and enforcement actions. In numerous e-mails, memos, and other documents, EPA field offices across the country have expressed serious concerns about this negative trend, warning that they are no longer able to ensure the safety and health of the nation's waters.

The documents also indicate that in one particular case involving the Santa Cruz River in Arizona, the Assistant Secretary of the Army for Civil Works disregarded a scientific determination of career staff that would prevent the reduction of Clean Water Act coverage.

Working in conjunction with corporate lobbyists and developers, this political appointee launched a campaign to overturn the scientific determination, although his efforts ultimately failed after direct intervention by EPA's Assistant Administrator for Water.

Environmental Protection Agenncies Most Wanted Environmental Criminals

The EPA is offering a Web tool to enlist the public and other law enforcement agencies in tracking down fugitives accused of violating environmental laws and evading arrest.

The Web site includes photos of the accused, summaries of their alleged environmental violations, and information on each fugitive’s last known whereabouts. The alleged violations include smuggling of ozone-depleting substances, illegally disposing of hazardous waste, discharging pollutants into the air and water, laundering money and making criminally false statements.

OECA FY 2008 Accomplishments Report

This Report by the Environmental Protection Agencies Office of Enforcement and Compliance Assurance details enforcement and compliance efforts during the 2007 fiscal year.

EPA Has Initiated Strategic Planning for Priority Enforcement Areas

In the Report (No. 08-P-0278) dated September 25, 2008, the Inspector General of the EPA issued a report critical of EPA enforcement plans. The Inspector General found that the EPA Office of Enforcement and Compliance Assurance (OECA) has instituted a process for strategic planning going forward in its national enforcement priority areas. The Inspector General reviewed the fiscal years 2008-2010 reviewed, for air toxics, combined sewer overflows, and mineral processing, contain an overall goal.

However, each of the plans is missing key elements to monitor progress. Additionally, the combined sewer overflow strategy does not address the States’ key roles in attaining the strategy’s overall goal. The absence of these elements hinders OECA from monitoring progress and achieving desired results in a timely and efficient manner.

Environmental Enforcement: EPA Needs to Improve the Accuracy and Transparency of Measures Used to Report on Program Effectiveness

This GAO Report (GAO-08-1111R) calls for greater transparency in EPA enforcement activites conlcluding that:

"While EPA’s reported outcomes of enforcement efforts help inform Congress, the public, and EPA management about EPA’s progress in prosecuting those who violate federal environmental laws, certain aspects of how EPA reports the data may undermine the transparency and accuracy of its reported outcomes and cause EPA to both over and under-report its enforcement achievements."