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February 1, 2015 Article

Federal Environmental Enforcement--Can EPA Do More With Less?

In-House Counsel Committee Newsletter, Vol. 16, No. 1. Section of Environment, Energy, and Resources, American Bar Association

Since 2010, EPA’s budget has dwindled by roughly 20 percent. As a result, EPA anticipates conducting 25 percent fewer compliance inspections and 30 percent fewer civil judicial and administrative enforcement cases during the years 2014–2018 compared to 2005–2009. To counter the impact of these budgetary headwinds, EPA plans to bring more meaningful (high impact) cases, target enforcement to key areas that fit EPA’s initiatives, and rely on technology and other measures (such as EPA’s proposed Next General Compliance, an EPA plan to use electronic monitoring and reporting as well as regulatory changes to make enforcement more efficient)....

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Environmental Alert: Supreme Court Finds CERCLA Does Not Bar State Law Claims

The Supreme Court of the United States on Monday issued a decision authored by Chief Justice Roberts with far-reaching implications for targets of federal environmental enforcement actions. The Court in Atlantic Richfield Co. v...

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Supreme Court Finds Clean Water Act Jurisdiction For Discharges To Groundwater

Today, in a 6-3 opinion, the Supreme Court held that a Clean Water Act (CWA) permit can be required for discharges to groundwater “if the addition of the pollutants through groundwater is the functional...

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Benchmark Litigation Names Preti Flaherty 2020 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2020 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...

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EPA Announces Temporary Relaxation of Certain Environmental Compliance and Monitoring Obligations During the COVID-19 Pandemic

Citing potential worker shortages and social distancing and travel restrictions related to the COVID-19 pandemic, on Thursday, March 26, 2020, the U.S. Environmental Protection Agency announced that it would exercise enforcement discretion and temporarily...

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Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...