The U.S. Environmental Protection Agency’s (EPA) new Strategic Civil-Criminal Enforcement Policy, announced last week by David Uhlmann, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA),...more
The U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement recently published an Enforcement Alert with the purported objective of “reminding” companies of their compliance obligations under the Benzene...more
Deputy Attorney General (DAG) Lisa Monaco recently delivered keynote remarks at the American Bar Association’s 39th National Institute on White Collar Crime. She announced that the Department of Justice (DOJ) would continue...more
The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy...more
The Department of Justice (DOJ) recently introduced the first significant revisions since 2017 to policies affecting all corporate matters handled by the DOJ’s Criminal Division. These policies aim to incentivize companies to...more
The Protecting Communities from Plastics Act (S. 5163/H.R. 9388), introduced late last week by Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal...more
On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more
On September 21, 2022, Michael Bloomberg announced his newest grassroots public health and climate change campaign called Beyond Petrochemicals: People over Pollution. Still in its early conceptual stages, the campaign will...more
The U.S. Environmental Protection Agency’s (EPA) commitment to its controversial Integrated Risk Information System (IRIS) value for Ethylene Oxide (EO) remains unwavering as two recent developments reflect. The first is...more
Attorney General Merrick Garland recently delivered remarks to the ABA Institute on White Collar Crime, reinforcing previous commitments by top DOJ officials to an increased emphasis on prosecuting corporations and...more
At a recent conference, the newly confirmed Assistant Attorney General for the Environment and Natural Resources Division (ENRD), Todd Kim, delivered remarks strongly signaling an increased focus on prosecuting companies and...more
Key Takeaways -
• Ethylene Oxide (EO) remains a high priority for the Biden Environmental Protection Agency (EPA) from both a risk and an environmental justice standpoint. Expect that spotlight to continue next year and...more
Key Takeaways What: In late January, EPA took the initial step of posting status reports on 25 facilities previously identified as high-risk based on known ethylene oxide (EO) emissions and facility location. EPA has...more
Key Takeaways What:
On January 4, 2021, EPA determined that community-specific warnings regarding ethylene oxide (EO) risks need not be made immediately. EPA has now committed to making notifications by May 31, 2021 and...more
Key Takeaways -
• What: The U.S. Environmental Protection Agency (EPA)’s scientific work on ethylene oxide (EO) has been central to the basis of claims in recent toxic tort suits based on EO exposures; the Biden...more
On August 12, the United States Environmental Protection Agency (EPA) published the final “residual risk and technology” (RTR) rule for the Miscellaneous Organic Chemical Manufacturing (MON) source category (Final Rule or MON...more
The Department of Justice (DOJ) Criminal Division recently issued updated guidance for white-collar prosecutors regarding the Evaluation of Corporate Compliance Programs ("Guidance"). The updated Guidance builds on updates...more