Overfiling occurs with the initiation of a federal enforcement action, either administrative or civil,rnfollowing state enforcement with respect to violations that arise out of the same nucleus ofrnoperative facts; for example, when, after a state has settled with a polluter, the U.S.rnEnvironmental Protection Agency (the EPA or the Agency) finds the settlement inadequate andrnfiles a case against the same polluter based on the same violation just settled between the staternagency and the polluter. The term has also been used in the context of action taken by the EPA tornexpress its displeasure with a state’s enforcement of federal and state regulations under arndelegated program. The presentation discusses the anatomy of this federal enforcement tool.rnOverfiling is dissected using the perspectives of the regulated community, the primacy states, andrnthe federal regulators. Available case studies as well as recent litigation are highlighted.
展开▼
