US Environmental Enforcement Shift Raises Questions from Lawyers

Corporate attorneys and former federal officials are praising the EPA’s bid to coordinate its civil and criminal enforcement teams as a sensible idea that will yield fairer outcomes, reduce unpredictability, and expedite resolutions.

But the plan will also have to be carefully executed, for fear of triggering unintended consequences—including the possibility that more borderline cases might tip into the criminal basket.

The new policy, issued April 17, seeks to ensure that the Environmental Protection Agency’s civil and criminal enforcement divisions are working together and applying their discretion fairly and consistently. Crucially, the plan requires more sharing of ...