Seneca Economics and Environment, LLC
Publications of Robert H. Fuhrman

"Practice Advice for Negotiating Settlements of Environmental Civil Penalty Cases," Daily Environment Reporter, December 4, 2012; Environment Reporter, December 7, 2012; and Chemical Regulations Reporter, December 10, 2012.

Perspectives on the U.S. Environmental Protection Agency’s Treatment of Ability-to-Pay Cases,” Environmental Liability, Enforcement and Penalties Reporter, April 2009.

“EPA’s Tools for Settling Civil Penalty Cases,” an on-line article on the web site of the Technical Advisory Service for Attorneys, March 2009. 

Will Massey Energy Company Suffer Severe Penalties in Clean Water Act Case?," Daily Environment Report, September 26, 2007; and reprinted in Environment Reporter, September 28, 2007.

“Comments for the EPA Public Docket on ‘Enhancing Environmental Outcomes from Audit Policy Disclosures through Tailored Incentives for New Owners,’” written on behalf of The American Chemistry Council and the Corporate Environmental Enforcement Council, July 13, 2007.

EPA’s Recent ‘Final Action’ on the BEN Model,” published in the November/December 2005 issue of Trends, a bimonthly publication of the American Bar Association’s Section on Environment, Energy, and Resources; and reprinted in the Virginia Environmental Compliance Report, a publication of the law firm Williams Mullen.

Explanation of Recent Settlement in U.S. v. Allegheny Ludlum” (with John Downie), published in two different Bureau of National Affairs’ publications, Daily Environment Report and Environment Reporter, both on April 29, 2005. 

U.S v. The New Portland Meadows Deviates from ‘BEN’ Methodology,” Environment Reporter, December 19, 2003. 

“Second-Highest CWA Penalty Raises Questions about Calculation Methodology,” Environmental Compliance and Litigation Strategy, June 2002.

“Comparing the Economics of Nonconformance and Noncompliance Penalties,” Environmental Compliance and Litigation Strategy, April 2002.

Comments on EPA’s Proposed Rule on “Control of Air Pollution from New Motor Vehicle and New Motor Vehicle Engines:  Proposed Non-Conformance Penalties for 2004 and Later Model Year Emission Standards for Heavy-Duty Diesel Engines and Heavy-Duty Diesel Vehicles,” submitted to the public docket A-2001-30 at the U.S. Environmental Protection Agency, March 18, 2002.

“Unfinished Business: Peer Review of EPA’s ‘BEN’ Penalty Calculation Model,” Environmental Compliance and Litigation Strategy, July 2001.

EPA’s Penalty Calculation Model Must Be Fairly and Fully Reviewed,” Legal Backgrounder (a publication of the Washington Legal Foundation), May 18, 2001. 

“Not Quite Right: EPA Treatment of Ability-to-Pay Issues in Superfund Cases,” Toxics Law Reporter, March 22, 2001; and Environment Reporter, April 6, 2001.

“Decision in U.S. v. WCI Steel Inc. Departs from U.S. EPA’s ‘BEN’ Methodology,” (with Kenneth T. Wise), Environmental Compliance and Litigation Strategy, February 2000.

“Comments of the Ad Hoc Group Submitted to the Public Docket on Calculation of the Economic Benefit of Noncompliance in EPA’s Civil Penalty Enforcement Cases,” (with Paul G. Wallach, Esq., and Eric Andreas, Esq.), September 1999. These comments were submitted on behalf of ten major trade associations.

“EPA’s Response to Comments: Calculation of Economic Benefit and ‘Wrongful Profits,’” Environmental Compliance and Litigation Strategy, August 1999.

“Explaining the Controversy Surrounding U.S. vs. Smithfield Foods” (with Patrick D. Traylor, Esq.), the William and Mary Environmental Law and Policy Review, Spring 1999.

“An Approach to Environmental Civil Penalty Cases” (with Kenneth T. Wise and M. Alexis Maniatis), Environmental Compliance and Litigation Strategy, January 1999.

“Civil Penalty Cases Raise Issues for Plaintiffs and Defendants” (with Kenneth T. Wise and M. Alexis Maniatis), Environmental Compliance and Litigation Strategy, November 1998.

“Consideration of ‘Wrongful Profits’ in Environmental Civil Penalty Cases” (with M Alexis Maniatis and Kenneth T. Wise), Environment Reporter, September 18, 1998; reprinted in the National Environmental Enforcement Journal, October 1998.

“Use of After-Tax Risk-Free Rate Theory in Calculating EPA Penalties: Counterpoint” (with M. Alexis Maniatis and Kenneth T. Wise), Toxics Law Reporter, November 19, 1997.


“The Economic Benefit of Noncompliance: A Response,” (with M. Alexis Maniatis and Kenneth T. Wise), Toxics Law Reporter, September 17, 1997.

“Almost Always ABEL: How EPA Deals with Ability-to-Pay Issues in Civil Penalty Cases,” Toxics Law Reporter, March 12, 1997.

Comments of the BEN Coalition (12 trade associations and organizations), (with Kathy D. Bailey, Esq.), submitted to the U.S. Environmental Protection Agency Public Docket on EPA’s Economic Benefit Recovery Program, March 3, 1997.

“Reexamining EPA’s ‘Economic Benefit’ Penalty Process” (with Kathy D. Bailey, Esq., and James W. Conrad, Jr., Esq.), The Environmental Corporate Counsel Report, February 1997.

“EPA’s New Computer Model for Calculating Value of Supplemental Environmental Projects” (with Thomas H. Birdsall), California Environmental Compliance Monitor, August 7, 1995.

“Comments on EPA’s Interim Revised Supplemental Environmental Projects Policy (60 FR 24856) and Its Related Economic Methodology” (with Thomas H. Birdsall), comments submitted to EPA (Docket No. 95F-FRL-5205-5), August 4, 1995.

“A Discussion of Technical Problems with EPA’s BEN Model,” The Environmental Lawyer, February 1995.

“Avoiding the Pitfalls of EPA’s Civil Penalty Assessment Procedures” (with Lawrence J. Straw, Jr., Esq.), California Environmental Law Reporter, September 1994.

“Improving EPA’s Civil Penalty Policies—And Its Not-So-Gentle BEN Model,” Environment Reporter, September 9, 1994.

“EPA Penalty Calculations May Contain Significant Biases,” Counsel’s Advisory (a publication of the Washington Legal Foundation), October 1, 1993.

Comments submitted to the U.S. Environmental Protection Agency on Proposed Rulemaking titled: “Recovery of Costs for CERCLA Response Actions” (with David B. Hird, Esq., and Steven L. Humphreys, Esq.), Docket No. 115 CCR; FRL-3825-4, 57 Fed. Reg. 34742 (August 6, 1992), submitted on behalf of Schering-Plough Corporation and Westinghouse Electric Corporation, November 4, 1992.

“Getting It Right: EPA’s ‘BEN’ Model Still Needs Work,” Environment Reporter, April 2, 1993.

“The Role of Policy Analysis and Economic Instruments in the Environmental Protection Program of the United States,” November–December 1992 issue of Economic and Mathematical Methods, a quarterly publication of the Russian Academy of Sciences.

“EPA Proposed Rule on Cost Recovery: Streamlining or Steamrolling?” (with David B. Hird, Esq.), Toxics Law Reporter, September 9, 1992.

“Comments on Jonathan D. Libber’s Article on the EPA Civil Penalty Assessment Model,” National Environmental Enforcement Journal, December 1991.

“Penalty Assessment at the Environmental Protection Agency: A View from Outside,” Environment Reporter, October 18, 1991.

“Negotiated Settlements under the Clean Water Act: An Excursion into a Turkish Bazaar” (with George Hansen), Water Environment and Technology, August 1991.

“The Role of EPA’s BEN Model in Establishing Civil Penalties,” Environmental Law Reporter, May 1991, 21 ELR 10426.