Introduction

The Scarlet Letter, a book written over a century ago, is a tale in which public shaming was used to punish, modify behavior, and serve as a lesson for others. What is old is new again, as EPA has taken a page from Nathaniel Hawthorne to paint a regulatory scarlet “E” on otherwise law-abiding companies.

EPA claims that the number of inspections and enforcement actions will drop thirty to forty per cent over the next five years due to budgetary constraints. In response, and instead of relying on state environmental agencies, who EPA regarded as its ‘partners’ for years, to perform their traditional enforcement function, EPA seeks to radically change the federal inspection-enforcement paradigm. By making information about emissions public and readily accessible, it clearly seeks to induce a regulated entity to reduce its emissions (even if those emissions are within permitted levels) so that the entity will not be regarded in the community in which it operates as an excessive polluter. If a facility remains impervious to this ’emission-shaming’ tactic, the information in the hands of the public may also be used by environmental groups to file citizen suits or by plaintiff attorneys to support damage claims. Continue reading “‘Emission Shaming’ – EPA’s Latest Compliance Tactic And How To Protect Yourself” →