Litigation

Recent Supreme Court rulings overturning mandatory federal sentencing guidelines are raising significant uncertainty over how, or whether, the Justice Department (DOJ) will seek strict sentences for criminal violations of environmental laws, DOJ and defense attorneys say.

An industry appeal of a court decision rejecting its ability to seek judicial review of a government study under the Information Quality Act (IQA) faces a significant hurdle because of a prior ruling in the same appellate circuit denying review of an agency action, some legal experts say.

U.S. industry groups are urging a federal appeals court to overturn a recent district court ruling that found federal Superfund law can apply to transboundary contamination, saying the decision could prompt widespread retaliation against U.S. companies by a host of foreign governments over air and water pollution that crosses international borders.

EPA has established an internal panel to recommend how the agency should begin integrating environmental justice (EJ) concerns into the agency's enforcement efforts, EPA sources say, following criticism that the agency has failed to adequately crack down on industrial pollution affecting minority communities.