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Expert Analysis

CAA Judicial Enforcement Actions Now Pack Twice The Punch

Law360, New York (November 1, 2016, 12:50 PM EDT) -- The U.S. Environmental Protection Agency now has the authority to impose penalties in a Clean Air Act judicial enforcement action that are more than twice the amount authorized in an administrative enforcement action. This is the result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the EPA to make an initial "catch-up, " and thereafter annual, cost-of-living adjustments to all statutory civil monetary penalties within its jurisdiction.[1] It is the initial "catch-up" adjustment that has resulted in a drastic increase of the EPA's penalty authority for judicial enforcement actions under the federal Clean Air Act....

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