Read the full post at JD Supra.
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and enforcement and how aggressive to be in applying them to new or ambiguous fact patterns. Because the consequences of contesting a government enforcement case can be so onerous – financially, operationally, reputationally and otherwise – how the agencies exercise this enforcement discretion can often determine, for all practical purposes, how laws actually direct business conduct. So where should you be focusing your attention? Here are several key issues to watch over the upcoming year.
