Appropriate Injunctive Relief in Civil Enforcement Settlements
On April 26, 2021, Larry Starfield, then Acting Assistant Administrator for the Office of Enforcement and Compliance Assistance or OECA issued a memorandum to enforcement staff entitled Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements. The memo charges enforcement case teams to appropriately use the full array of policy and legal tools available in resolving enforcement actions to ensure that environmental laws – and the policies to implement them – deliver benefits to all individuals and communities. Examples of tools to consider in settlements include advanced monitoring devices (e.g. fence-line monitoring for pollutants), third-party verification and increased transparency of enforcement data. Case teams should also consider settlement provisions for mitigating past harm caused by noncompliance.