Virtual CLE Program: Criminalization of the Clean Air Act: Federal Prosecutions under the “General Duty Clause”

1.00 Hr CLE Available

The Forum and Hicks Thomas invite you to a Virtual CLE Program on Wednesday, March 29th. Under the Clean Air Act, violations of the General Duty Clause are punishable by a severe fine and by as much as five years’ imprisonment.  In cooperation with the EPA, federal prosecutors are increasingly and aggressively prosecuting both companies and individuals for violations of this clause. These prosecutions raise serious questions of fair notice to companies and individuals who deal in hazardous air pollutants. Although the Act defines some terms, the Act leaves undefined key terms such as what is the “general” duty to “prevent” and “minimize” “accident[s]”? Even more broadly, what is the “general” duty to run a “safe facility”? EPA has issued no regulations, but its internal “guidance” advises agents that following all legal requirements is not necessarily a defense to criminal prosecution for having an “accident.” This raises the question: How can one know one has failed to prevent an accident . . . until one has an accident?

Gold Underwriter Host:

At the request of our in-house members, the Forum is offering high quality CLE programming hosted by our Gold Underwriters to help members secure their annual CLE requirements.

Prospective Members Welcome!
If you have questions, contact the Forum at


Mar 29, 2023


12:00 pm - 1:00 pm

More Info



Virtual Event


Zoom Meeting
Zoom Meeting Room information will be provided to registrants prior to event.