INSIGHT: EPA’s Criminal Theory in Clean Air Act Breaks New Ground

摘要

The auto industry is witnessing a fundamental shift regarding the federal government’s legal theory of criminal liability, specifically as it relates to the Clean Air Act. The theory appeared in two cases last year. Neither was fully litigated-meaning the Environmental Protection Agency hasn’t had to defend its arguments-but they still provide important information on the future of enforcement. InUnited States v. Rexer, the government brought criminal charges against employees of Rockwater Northeast LLC, DJ Paulhamus Trucking, and Sweitzer’s Garage LLC. Rockwater transported wastewater for hydraulic fracturing operations. Paulhamus provided hauling services to Rockwater, and Sweitzer’s Garage offered maintenance and inspection services.