Audit, Compliance and Risk Blog

Federal Agencies Adjusting Civil Penalty Levels for Inflation

Posted by Jon Elliott on Tue, Feb 06, 2024

Many laws provide for civil – and sometimes even criminal – penalties for noncompliance. New legislation typically sets penalty levels (“XXX dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance. But over time, the relative sting of these penalties declines with inflation. To counteract the possibility that less painful penalties reduce incentives for compliance, most U.S. federal agencies are required to make annual “cost of living” adjustments to maximum available civil penalty levels (criminal penalties are not affected).

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Tags: EPA, 2020 US Presidential election, Inflation, CPI, Federal Agencies, Penalties, GAO

Federal Agencies Adjust Civil Penalty Levels for Inflation

Posted by Jon Elliott on Mon, May 15, 2023

Most regulatory laws provide for civil – and sometimes even criminal – penalties for noncompliance. New legislation typically sets penalty levels (“XXX dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance. But over time, the relative sting of these penalties declines with inflation. To counteract the possibility that less painful penalties provide less effective incentives for compliance, U.S. law directs most federal agencies to make annual “cost of living” adjustments to maximum available civil penalty levels (there are no provisions for standing periodic adjustments to criminal penalties).

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Tags: EHS, EPA, Inflation