Tag Archives: Department of Justice

TSCA Criminal Provision Update: More Bark Than Bite

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On June 22, 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, updating the Toxic Substances Control Act (TSCA).[1] Congress kept standard violations—whether done knowingly or willfully—as misdemeanors, though it increased the maximum fine from $25,000 to $50,000. Keeping even willful TSCA violations as misdemeanors distinguishes TSCA from other environmental laws, including the Clean Air and Clean Water Acts, in which negligent violations are misdemeanors but knowing or willful violations are felonies. Congress did add a felony endangerment provision [...]Read more

DOJ Redoubles Efforts to Prosecute Workplace Violations as Environmental Crimes

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Reporting that 13 workers in America die each day on the job due to injuries and 150 workers succumb to exposure to carcinogens and other toxic and hazardous substances while working, the United States Department of Justice (DOJ) is seeking to increase deterrence of crimes that put the lives and the health of workers at risk. Given the troubling statistics, the DOJ is redoubling joint efforts between its Environment and Natural Resources Division and the U.S. Attorneys’ Offices, the Department of Labor’s Occupational Safety and Health Administration (OSHA) and other agencies to hold accountable [...]Read more