S. 2146, which became Public Law No. 110-255, allows EPA to include diesel emission reduction projects as restitution in settlements of civil enforcement actions. The bill reverses EPA policy that was triggered by a 2008 appropriation of $49 million for diesel emissions reduction projects pursuant to the Energy Policy Act of 2005. Under the Miscellaneous Receipts Act, funds appropriated by Congress cannot be supplemented by other means, and EPA interpreted that to include supplemental environmental projects that targeted reducing diesel emissions. This impediment has now been removed. For more information on the legislation, see http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN02146:@@@L&summ2=m&.
- Thomas H. Clarke, Jr.
Thomas H. Clarke, Jr., J.D., M.S., is Chair of the Ropers Majeski Kohn & Bentley Environmental Practice Group and has over 30 years of environmental consulting and litigation experience. RMKB has offices in San Francisco, Los Angeles, New York, Boston, San Jose, & Redwood City.
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July 14, 2008
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