Policy Revisions Track 澳门六合彩开奖预测 Recommendations
The U.S. Environmental Protection Agency (EPA) is piloting a that addresses several of 澳门六合彩开奖预测鈥檚 long-standing concerns and has the potential to improve the enforcement process and overall industry compliance. The Agency also released memos detailing new best practices for soliciting information from industry to support rulemaking and to determine compliance. Similarly, the Department of Justice (DOJ) recently announced changes to enforcement policies regarding individual accountability for corporate wrongdoing set forth in the 2015 memorandum from then-Deputy Attorney General Sally Yates (the 鈥鈥).
Regarding the EPA鈥檚 latest approach to compliance inspections, the new policy calls for 鈥渞eal-time鈥 feedback, including a discussion of potential deficiencies and opportunities to promptly correct problems and sets a 60-day goal for completing inspection reports. When put into practice, these procedures would avoid compounding environmental harm and penalties, which may occur when a company learns of a violation several months after an inspection takes place or even after a construction project is completed. Click here for more.
Another sign that EPA is shifting towards a more collaborative, compliance assistance approach is the recent publication of 鈥渂est practices鈥 for reducing the resources, costs, and time required for companies to produce the information requested (by the agency) for the purposes of regulating or rulemaking under the Clean Water Act (i.e., Section 308 letters). EPA鈥檚 Office of Civil Enforcement released a notable memorandum on 鈥鈥 and the Office of Water released a 鈥.鈥 Historically, 澳门六合彩开奖预测 members have found the information collection process to be adversarial (rather than collaborative) 鈥 with the looming threat that failure to accurately comply with these request in a timely fashion could result in civil or criminal penalties. 澳门六合彩开奖预测 members should become familiar with these new procedures, in the event an information request letter is received.
Turning to DOJ鈥檚 new policy, the most notable revision is to change the approach set out in the Yates Memo that 鈥淸t]o be eligible for any cooperation credit, corporations must provide to the Department all relevant facts about the individuals involved in corporate misconduct.鈥 澳门六合彩开奖预测 had raised about this 鈥渁ll or nothing鈥 approach that encouraged fishing expeditions rather than calculated enforcement efforts to address the actions of bad actors.
Furthermore, under the new, revised DOJ policy 鈥 spelled out in the (formerly the United States Attorneys鈥 Manual) and by Deputy Attorney General Rod Rosenstein on Nov. 29 鈥 to qualify for 鈥渁ny cooperation credit鈥 companies now have to identify only individuals who play a significant role or were 鈥渟ubstantially involved in or responsible鈥 for wrongdoing. For civil cases, companies now 鈥渕ust identify all wrongdoing by senior officials, including members of senior management or the board of directors.鈥
For additional information, please contact Leah Pilconis at pilconisl@agc.org or (703) 837-5332.