State Attorneys General have ramped up enforcement in the areas of worker rights and environmental compliance. After announcing charges against several companies for violations of Pennsylvania’s Solid Waste Management Act and Clean Streams Law, PA’s Attorney General promised, “we’re not done yet. There will be more to come. You can rest assured that there will be more criminal charges.” The PA Office of Attorney General has also attempted to expand the reach of the Pennsylvania Unfair Trade Practices and Consumer Protection Law by charging two companies with engaging in unfair or deceptive practices in connection with securing surface mineral leases. A number of construction companies have also been charged with violating Pennsylvania’s Prevailing Wage Act and the federal Davis-Bacon Act for underpaying workers on prevailing wage projects.
In this environment of enhanced enforcement activity and possible criminal liability, companies must know what aspects of their business may be subject to scrutiny and how to respond if targeted by the State Attorney General.