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Using government's guidance to structure a compliance plan; environmental policies are measured against three key benchmarks

Article Abstract:

The federal government has issued guidance statements helpful to corporations developing environmental compliance programs. These include the federal guidelines for sentencing organizations, the draft organizational sentencing standards for environmental offenses, and a Department of Justice (DOJ) policy statement on the criminal prosecution of environmental violations when the violator had a compliance program. The DOJ statement seeks to assist prosecutors in determining what charges to bring. It also details proper compliance programs. Salient points from the guidance statements are included.

Standards, Sentences (Criminal procedure), Criminal liability of juristic persons, Juristic persons criminal liability

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How environmental compliance programs may miss their mark

Article Abstract:

Businesses developing environmental compliance programs must design them so that evidence uncovered shields them from liability rather than helping impose it. Compliance programs achieving the former are pro-active rather than reactive, trying to avoid conditions before they reach the violation stage. Reactive programs are more likely to give a prosecutor useful information. So as to avoid the appearance of bias, a compliance program should be managed by someone who does not also make operational decisions.

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Two new EPA rules affect monitoring, evidence; EPA has finalized its compliance assurance monitoring rule and its 'any credible evidence' rule

Article Abstract:

Kinds of evidence the EPA and citizens may use in judicial enforcement actions brought under the Clean Air Act (CAA) will increase due to two new EPA rules passed in 1997. The "any credible evidence" rule amended agency regulations so that nonreference test data can help establish CAA emission violations. The compliance assurance monitoring (CAM) rule will call for detailed monitoring records on operations and air pollution control equipment to be used by many regulated entities.

United States, Laws, regulations and rules, United States. Environmental Protection Agency, Air quality

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