Weekly Focus

Attorneys Warn OECA Criminal-Civil Policy May Chill Industry Cooperation

June 13, 2024
Some industry attorneys are warning that EPA’s Office of Enforcement & Compliance Assurance’s (OECA) new policy to bolster coordination between criminal and civil enforcers may chill industry’s willingness to cooperate with civil investigators over concerns that a civil probe could more easily shift to criminal. But other industry attorneys downplay those concerns and note that such a threat has always existed and the policy is intended only to boost internal coordination while also respecting the necessary “firewall” between civil and...

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