Despite the U.S. Supreme Court ruling in March of this year, holding that compliance orders can be challenged in court, the EPA sees no major shift in its policy of issuing the orders under the Clean Water Act. In a seminar sponsored by the American Bar Association – American Law Institute, Mark Pollins, Director of EPA’s Water Enforcement Division, stated that the agency had no intention of stopping its use of the orders, and that he didn’t see a dramatic shift in how administration enforcement authority is used. In the wake of the Supreme Court ruling, however, Pollins said it is possible the agency might rely more on informal means such as violation notices or warning letters, to ensure parties engage in a meaningful dialogue.

For more information, please contact Steve O’Day, Phillip Hoover or Andy Thompson.