Legal Question in Environmental Law in Illinois

Economic losses offset Economic Benefits of Environmental Non compliance
We are involved in a state EPA case involving a penalty for air non compliance. The penalty is based on an economic benefit calculated based on the US EPA Ben model. In addition to the economic benefits (foregone interest, etc) we had economic losses due to not being able to distill and recover solvents which we are now able to do with the control device. Are there any cases where this type of economic loss has been offset against economic benefits to reduce the ben penalty. The US EPA Ben users manual instructions allow for this in certain cases. Thanks.

Asked on 7/25/07, 9:29 am

Shell Bleiweiss Law Offices of Shell J. Bleiweiss

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Re: Economic losses offset Economic Benefits of Environmental Non compliance

Yes. As you already know, the penalty policy and Ben. model allow for the offsets. It is just a matter of convincing USEPA that they really existed.

Shell Bleiweiss

http://www.shell-bleiweiss.com

Answered on 7/25/07, 9:58 am

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