Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties -

Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago due to the Federal Civil Penalties Inflation Adjustment Act of 1990. The 1990 Act applied to all federal agencies with civil penalty authority, not just EPA, and it required agencies to review their penalties and, as appropriate, adjust them upward for inflation every four years. Thus, over the course of 26 years, EPA raised the maximum per day penalty under most environmental laws from $25,000 to $37,500.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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