Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: DOJ

Trump Track: EPA/DOJ Funding Split

Posted in EPA, Trump Track
EPA has proposed to end its funding of Superfund enforcement activities by the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). In its proposed budget for FY 2018, EPA has cut the nearly $26MM that DOJ included in its budget for FY2018.  This represents a complete change from the practice since 1986, when… Continue Reading

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

Posted in CERCLA
The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco, LLC v. Atlantic Richfield Company. First, it joined the Seventh Circuit in holding that a settlement entered into under an authority… Continue Reading

Court Rules DOJ Enforcement Directive Arbitrary and Capricious

Posted in ESA
A U.S. District Court in Arizona has ruled that DOJ’s narrow interpretation of the requirements for a criminal misdemeanor under the Endangered Species Act went beyond unreviewable prosecutorial discretion, and its policy was arbitrary and capricious and in violation of the Administrative Procedure Act. WildEarth Guardians v. U.S. Department of Justice The Endangered Species Act… Continue Reading

DOJ Signals More Aggressive Stance On Environmental Crimes

Posted in Federal, Health and Safety
The Department of Justice announced on December 17, 2015, that it would intensify enforcement of environmental and safety laws by adding in environmental criminal counts to worker safety prosecutions.  The worker safety issues are often misdemeanors, so by coupling them with environmental crimes the Department expects it can impose greater penalties and increase deterrence. … Continue Reading

Corporate Wrongdoing: More Civil and Criminal Liability for Individuals?

Posted in Federal
The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct. Press attention to the memorandum has focused on the application of those principles to Wall Street investment and banking firms, due… Continue Reading