Government,
Environmental & Energy
Apr. 22, 2013
EPA's enforcement of the Clean Air Act: rhyme, reason or random?
The "General Duty Clause" of the CAA has become a major EPA enforcement tool for responding to accidental releases and environmental catastrophes. But how does it decide whether to pursue civil or criminal actions?
Davina Pujari
Partner, WilmerHale LLP
Phone: (628) 235-1136
Email: davina.pujari@wilmerhale.com
Davina co-chairs the firm's Environment and Natural Resources Group and leads the Environmental Crimes and Investigations practice. She has more than 25 years of experience as a trial attorney in environmental and criminal law matters in both state and federal court.
In Texas, a refinery explodes, killing 15 workers and injuring others. The government's response is unequivocal: a felony conviction of the company and a $50 million dollar fine, followed by a civil action imposing a penalty of $12 million and $161 million more in mandated facility investments. In the Midwest, several accidental ammonia releases at different facilities over four years cause one worker death and numerous injuries. The government responds with a civil case, a $4 million fi...
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