Aug 12, 2020

DOJ Announces Policy to End Enforcement Overlap with States under Clean Water Act

No Penalty

On Monday, July 27, the DOJ issued a memo stating that federal actions seeking penalties under the Clean Water Act (CWA) will be strongly disfavored when a state has already initiated its own enforcement action.  The memo notes that the CWA already precludes federal action when a state is pursuing administrative proceedings against an alleged violator under comparable state law, but that the CWA does not have the same prohibition when a state is pursuing a judicial enforcement action.  The policy applies only to civil actions, not criminal cases, and is designed to respect state authority, and avoid duplicative enforcement… Read more


May 21, 2020

COVID-19 and Competition: Antitrust Law During the Global Pandemic

Healthcare

Overview COVID-19’s rapid spread has necessitated collaborations to equip communities with the proper tools to combat the disease. Many have risen to the occasion and worked tirelessly to help protect the health and safety of the United States.  As the DOJ and FTC (the “Agencies”) put it in their March 24th Joint Antitrust Statement, however, “others may use [COVID-19] as an opportunity to subvert competition or prey on vulnerable Americans.”[1] The FTC, DOJ, and Trump Administration have taken measures to guide businesses on how to collaborate legally and have sent forceful reminders about the repercussions of violating antitrust laws during… Read more


Jun 13, 2016

The DOJ states that the EPA Assistance to States with Clean Power Plan Implementation Complies with Law

The U.S. EPA’s (“EPA”) ongoing assistance to states implementing the Clean Power Plan under the new EPA rule has been reviewed by the DOJ for compliance with the U.S. Supreme Court’s decision to stay the rule. Under the stay issued by the U.S. Supreme Court, the EPA is enjoined from implementing the Clean Power Plan. The DOJ has determined that states are not enjoined by the Supreme Court’s decision, and, therefore voluntary request from individual states for assistance in implementation. Clean Power Plans do not rule afoul of the U.S. Supreme Court’s stay on implementing the rule. The EPA’s Clean… Read more