The Civil Tools Memo reflects the current administration’s position that remedies that go beyond what is required by the applicable statute or regulation would not be the norm when it comes to civil enforcement resolutions. It asserts that there is not a “default expectation that [such] provisions will be routinely sought” and notes that the agency has “many available tools” to address environmental violations, “including the installation and operation of equipment to control pollution, [and] monitoring equipment” to establish compliance with applicable regulatory and statutory requirements. This is consistent with messaging from Ms. Bodine dating back to her confirmation hearing in July 2017, in which she intimated that she would be more focused on the compliance aspect of her job than the enforcement aspect. Doubtless, this is additional welcome news to the regulated community.
Back-to-Basics Approach on Injunctive Relief
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