Could Your EPA Civil Enforcement Matter Turn Criminal?

Parties involved in a civil enforcement matter by the U.S. Environmental Protection Agency (EPA) could soon find themselves facing even more serious criminal liability. On April 17, 2024, the EPA's Office of Enforcement and Compliance Assurance announced a new "Strategic Civil-Criminal Enforcement Policy" (Policy). The Policy is effective immediately and applies to all civil and criminal enforcement staff and all enforcement matters moving forward.

The new Policy requires the entire EPA to coordinate and communicate throughout an investigation to determine (and potentially redetermine) whether an enforcement case should be pursued as (a) an administrative matter, (b) a civil or criminal matter, or (c) both a civil and a criminal matter simultaneously. According to the EPA, the goal of the new policy is to strengthen the strategic partnership between civil and criminal enforcement.