On April 23, 2024, EPA issued a news release announcing its Strategic Civil-Criminal Enforcement Policy, whose purpose is “to strengthen the partnership between EPA’s civil and criminal enforcement programs.” EPA views collaboration by the programs as “critical to promote robust and fair enforcement that holds polluters accountable, ensures justice for communities scarred by pollution, and upholds the rule of law to level the playing field for law-abiding companies.”

The Policy, effective immediately, directs EPA to 1) increase collaboration throughout the strategic planning process; 2) enhance case screening and improve case management to promote information sharing about violations; and 3) update training programs to ensure effective consideration of factors for deciding whether to pursue criminal, civil, or administrative enforcement.

Monthly Civil-Criminal Meetings
The policy’s components are in a Memorandum dated April 17, 2024, which includes a requirement for monthly civil-criminal enforcement meetings in Headquarters and all regional offices. A “principal purpose” of the meetings is for staff in all enforcement programs to consult regarding “which cases will be investigated criminally, which will be referred to the Department of Justice for civil enforcement, and which will be handled as administrative matters.”

The enforcement meetings will be part of the initial case screening process, which will ensure “that civil enforcement managers know when companies are under criminal investigation.”

Screening Factors
Appendix A to the Memorandum identifies five factors to consider in civil-criminal screening: 1) significance of the violation; 2) type of culpability; 3) compliance history; 4) sophistication of the alleged violator; and 5) involvement of a national or regional strategic priority.

To see the news release, which includes a link to the Memorandum https://www.epa.gov/newsreleases/epa-announces-new-policy-strengthen-civil-criminal-enforcement-coordination