Bloomberg's Greg Farrell discusses Boeing's deferred prosecution agreement and potential legal consequences. Pat Parenteau delves into the new EPA power plant rules. Topics include whistleblower testimony, victims' rights, proposed EPA regulations, and challenges with carbon emissions and grid stability.
The controversy surrounding Boeing's deferred prosecution agreement (DPA) highlights concerns over a deal struck in the final days of the Trump administration after two fatal crashes that claimed 346 lives. Despite facing minimal fines and accusations of non-cooperation, Boeing managed to avoid criminal charges through the DPA. Families of the victims expressed dismay over the secretive nature of the settlement and lack of criminal charges against senior executives despite evidence suggesting their awareness of safety issues. Ongoing investigations into undisclosed records related to a recent Boeing incident challenge the terms of the DPA, with whistleblower testimonies shedding light on potential criminal activities.
Victims' Families Rights under Crime Victims' Rights Laws
Under the crime victims' rights laws, victims' families affected by Boeing's controversies have legal rights to be consulted on legal decisions. Former federal judge and attorney Paul Cassell has advocated for victims' rights in challenging the DPA. Families, previously left uninformed about ongoing criminal investigations, now have the opportunity to provide evidence of DPA violations. Recent consultations with the Justice Department indicate efforts to prioritize victim information and potentially reassess the DPA terms.
EPA's Proposed Regulations on Coal-Fired Power Plants
The Environmental Protection Agency's (EPA) proposed regulations target coal-fired power plants to reduce emissions or face shutdown, marking a significant move by the Biden administration to combat climate change. The rules focus on regulating toxic discharges, mercury emissions, and coal ash disposal to address environmental and public health risks. The EPA's fourth rule replacing the Clean Power Plan aims to enforce emission reduction technologies, eliciting potential legal challenges from coal producing states concerned about costs, scaling technologies, and grid reliability.
EPA's Defense Against Major Questions Doctrine Challenges
Amidst increasing enforcement activities and legal battles, EPA's defense against challenges under the major questions doctrine emphasizes the rule's targeted approach on reducing emissions at individual sources. The agency's justification highlights proven carbon capture and sequestration technologies in use and offers transition periods for compliance. Efforts to preempt litigation hurdles indicate a tailored regulatory strategy addressing emissions control specificities and mitigating reliability concerns in the power sector.
Bloomberg legal reporter Greg Farrell discusses whether the Justice Department will tear up its deferred prosecution agreement with Boeing. Environmental law expert Pat Parenteau, a professor at the Vermont Law & Graduate School, discusses the new EPA power plant rules. June Grasso hosts.