Civil Enforcement

Because our Environmental Practice consists of so many lawyers with extensive experience in the full range of environmental statutes, along with a deep familiarity with the nature of our clients businesses, we are ideally positioned to defend our clients’ interests if and when the government initiates an enforcement action. We have a long track record of resolving civil enforcement matters under air, water, waste and toxic substance regulatory programs.

Issues we help our clients navigate include:

  • Collaborating on environmental investigations and audits, including the use of all available privileges and protections to maintain confidentiality
  • Advising clients about the potential risks and benefits of self-disclosing violations under EPA’s Audit Policy and state audit statutes
  • Developing practices and procedures for managing compliance inspections and helping clients respond to written requests for information, such as EPA requests under Section 114 of the federal Clean Air Act
  • Resolving allegations of noncompliance by EPA and state agencies through negotiations and alternative dispute resolution
  • Defending companies by litigating claims of noncompliance by EPA, state agencies, and citizens in federal and state courts and before administrative tribunals, such as EPA’s administrative law judges and Environmental Appeals Board
  • Devising creative solutions to noncompliance claims, including compliance agreements and supplemental environmental projects