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Mining Law Monitor - Volume 21, Issue 1 - (Spring 2004)

Client Alert | less than 1 min read | 04.28.04

  • "U.S. Supreme Court Rules in Bedroc v. United States: Ownership of Western Desert Sand and Gravel Shifts to Private Sector," Author: Tim McCrum.
  • "Subsidence in SMCRA § 522(e) Areas," Co-Authors: Tim Means and Michael Klise.
  • "Managing the High Risk of Regulatory Noncompliance," Author: Dick Bednar.
  • "Regulation of the Mining Industry — The Past is Prologue," Author: Ed Green.

Insights

Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....