What You Need to Know
- Key takeaway #1After more than 750 days since his presidential nomination, the Senate confirmed David Uhlmann last Thursday.
- Key takeaway #2EPA now has all its steps lined up to pursue aggressive prosecution in high priority areas, including PFAS concerns.
More than 750 days ago, President Biden nominated David M. Uhlmann to serve as the head of the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance – basically, to serve as EPA’s top cop. But the nomination stalled with the Senate Environment and Public Works Committee deadlocking last year, until finally, on July 20, 2023, the U.S. Senate confirmed his nomination in a 53-46 bipartisan vote. Now, Uhlmann will head the EPA’s federal criminal, civil, and administrative enforcement of federal environmental laws, focusing on his publicly announced goal of prosecuting those entities believed to be the primary cause of pollution hazards, while also “ensuring that companies who act with ethics and integrity are not at a competitive disadvantage with those who flout the law” – a statement he made during his September 2021 congressional testimony.[1]
As highlighted in our earlier Client Alert, “EPA is Lining Up Its Ducks for Aggressive PFAS Enforcement” on May 31, 2023, Uhlmann was a federal prosecutor for ten years, and then served another seven years, under both Democratic and Republican administrations, as Chief of the U.S. Department of Justice’s Environmental Crimes Section. There, he earned a reputation for aggressive, yet fair enforcement of environmental laws, while also taking actions to strengthen relationships among federal environmental agencies for more coordinated enforcement efforts.
Key Takeaway?
So, what does his confirmation mean?
EPA has already started taking certain actions to address high priority contamination concerns, such as PFAS contamination, setting the stage for aggressive enforcement against parties involved on all levels of PFAS contamination as quickly as possible. EPA has thus far:
- Established its roadmap – “PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024”;[2]
- Obtained the funding to follow its roadmap; and
- Started pursuing enforcement action in other ways, while waiting for legislative action.
Now, with Uhlmann’s confirmation and his enforcement team in place, EPA’s ducks are all lined up for prosecution, and we do not expect that Mr. Uhlmann and his team will wait very long, certainly not 750 days, to act. Companies should keep a finger on the pulse of this potentially fast-moving enforcement official Congress has just confirmed.
Crowell, with its team of experienced energy and environmental regulatory, investigation, and enforcement attorneys, will continue to monitor the stage, remain engaged with EPA, and provide updates on the Administration’s PFAS measures as they develop during this prime time. With this in-depth knowledge and range of corporate and government experience, our attorneys are equipped to provide effective representation and counseling at every step of the compliance and enforcement process—including to prevent adverse action before EPA sets its sights on your company.
For more details on the steps EPA has taken thus far regarding addressing PFAS contamination issues, see https://www.crowell.com/en/insights/client-alerts/epa-is-lining-up-its-ducks-for-aggressive-pfas-enforcement.
For further information, please contact:
Paul Freeman, Partner, Crowell & Moring
pfreeman@crowell.com
[1] See 94A8C44C9CB56B00DE7808C596119B1F.09-15-2-21-uhlmann-testimony.pdf (senate.gov)
[2] See https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf
