Environmental fraud has increasingly been a target of FCA enforcement.  Most commonly, environmental fraud concerns the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly referred to as the “Superfund” law.  This law creates Superfund sites- areas affected by toxic and other types of waste that require complex cleanup measures.  Private companies often execute site cleanup and bill the government for the work.  These companies may violate the FCA by either:

• Falsely certifying compliance with the contracts or by
• Violating contractual, environmental stipulations that financially harm the government

Example

At a Superfund cleanup site in New Jersey, International Technology Inc. allegedly double charged the government for costs related to the clean up.  Although the company denied any wrongdoing under the FCA as part of the settlement, it settled the FCA claim by agreeing to pay U.S. government over $4 million.