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Issue Paper: Why EPA enforcement numbers Differ from DOJ

 

ETDD’s Reporting and Analysis Branch (RAB) works directly with DOJ’s Environmental and Natural Resource Division (ENRD) on reviewing and confirming our civil judicial enforcement data. Within ENRD there are two sections handling OECA actions: Environmental Defense (ED) and Environmental Enforcement (EE). EE handles most of EPA’s enforcement cases; ED handles mainly CWA Wetlands (CWA

§404) enforcement actions. Both ENRD divisions must be involved in our communications to gain a complete picture of OECA’s civil judicial enforcement cases. RAB communicates routinely with ENRD about case output and outcome matters, as well as coordinating to improve both EPA and DOJ data quality .

On a quarterly basis, ENRD and RAB exchange reports from respective databases and compare the cases listed on the reports. Then, RAB and ENRD report back to internal staff and Regions with comments, either via telephone or email, with questions and requests for corrections.

 

In June 2006, EPA (OC and OCE) and DOJ held a meeting to discuss differences in how each agency counts judicial enforcement cases and matters relating to these cases. The case counting issues, examples, and proposed actions are set forth below.

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