Law360 Quotes Stacey Mitchell on Shift by EPA toward Compliance over Enforcement

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Akin Gump environment and natural resources partner Stacey Mitchell has been quoted by Law360 in “EPA Focus On Compliance Over Enforcement Stirs Questions.” The article reports on a shift by the Environmental Protection Agency toward more compliance programs, rather than enforcement actions.
According to the article, the agency has taken several steps indicating it wants to work more cooperatively with businesses—an important message that industry is still processing.
Mitchell, a former Deputy General Counsel at the EPA and head of the Department of Justice’s Environmental Crimes Section, said the agency’s softer touch might not be all good news for businesses, because those that play by the rules do not want others cutting corners and possibly tilting the playing field.
“If it were a substantial change from enforcement to more compliance assistance, that’s a net negative for companies that are doing things lawfully, because I think that will enable people to cheat, get caught, and then to request compliance assistance instead of enforcement,” Mitchell said.