EPA Plan To Align Civil, Criminal Inquires Faces Likely Legal Challenges

摘要

EPA is planning to conduct joint case screenings to better align criminal and civil enforcement efforts as a way to address budget cuts, but some critics are warning the effort may face constitutional and other legal challenges since the two enforcement approaches are governed by separate and different procedural and constitutional rules. The key question for EPA is what policy structures are going to be in place to ensure there are no abuses that result in constitutional infringements, one industry attorney says. While EPA in 2007 crafted guidance for conducting already-filed civil and criminal cases in parallel against the same defendant, the new approach is heightening industry fears because case screenings allow enforcement personnel to assess potential violations before cases are brought where fewer procedural rules and constitutional protections apply.