On July 2, 2014, just two days before the 4th of July holiday, the Environmental Protection Agency (EPA) continued a controversial pattern of imposing misguided and burdensome regulations. The EPA issued a direct final rule allowing the agency to garnish personal wages to recover fines for noncompliance with EPA regulations, bypassing the judicial system and arguably violating rights to due process. The EPA published this as a direct final rule with a 30-day comment period, rather than through the traditional rule making process, because it believed the rule would be noncontroversial. After receiving several negative comments, the EPA pulled the direct final rule on July 16th. However, EPA officials indicated they will continue to pursue this regulation through the traditional rulemaking process.
This rule is yet another example of overreach by the EPA. This latest expansion of EPA authority is particularly concerning in light of recent ambiguous EPA proposals, such as redefining “Waters of the U.S.,” making farmers, ranchers, and landowners subject to a host of new permits and fines on case-by-case basis.
For more information regarding the EPA delalys on the the wage garnishment rule or risk management, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.