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Mining Law Monitor - Volume 25, Issue 1 - (Summer 2009)

Client Alert | 11 min read | 08.01.09


Click here to download a PDF of the Mining Law Monitor.

Included Articles:

  • D.C. Circuit Upholds MSHA Jurisdiction On Mine Access Road
  • MSHA's Broken Plan Approval Process: A Call For Action
  • As If Things Weren't Already Bad Enough: Flagrant Violations Under The Miner Act
  • Major Supreme Court Victory For Mining Industry Under Clean Water Act
  • The Advantages To A Strategic Purchaser To Acquire Distressed Assets In Bankruptcy
  • Seven Senior Lawyers Join C&M's Environment and Natural Resources Practice

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....