Examples of our experience include:
Preventive Counseling & Assistance
- Advising clients on compliance with federal, state, and local environmental regulations to minimize exposure to enforcement and penalties.
- Assisting clients with creating internal environmental management systems and corporate compliance programs.
- Assisting clients with creating internal EHS audit programs and providing ongoing oversight.
- Representing clients in self-disclosures of violations under federal and state environmental audit policies.
Enforcement Proceedings & Litigation
- Counseling companies in multiple industries concerning resolving federal, state, and local environmental enforcement actions triggered by agency inspections, investigations, and information requests, including those involving:
- Title V, NESHAPs, New Source Performance Standards, PSD, BACT, synthetic minor limits, air permit violations, mobile sources, RMP, HFCs, and air nuisance claims
- NPDES permitting violations, chemical and petroleum spills in state waters, fish kills, and wetlands
- Hazardous waste accumulation, storage, and disposal violations; corrective actions; cost recovery; natural resource damages; vapor intrusion; construction and demolition debris; universal waste; and used oil
- Tier II, TRI, PFAS, PFOA, and Proposition 65 claims concerning products sold in California
- Defending clients in CWA, CAA, and RCRA citizen suits.
- Defending clients in criminal prosecutions involving alleged unlawful industrial wastewater discharges and tampering with wastewater sampling protocols.
- Assisting potentially responsible parties in federal and state CERCLA proceedings, including cost recovery and contribution actions.
- Defending major manufacturers against toxic tort and common law claims alleging unlawful land disposal practices and releases of industrial materials, such as degreasers, solvents, lead, asbestos, PFAS, PFOA, and PCBs.
- Defending clients in criminal prosecutions involving alleged violations of asbestos inspection, abatement, and disposal requirements related to building renovations and demolitions.
- Obtaining the reduction of a RCRA NOV penalty to a nominal amount through aggressive application of penalty policy.
- Negotiating and securing no financial penalties regarding a tank removal associated with a RCRA inspection Notice of Violation.
- Utilizing Supplemental Environmental Projects that included facility upgrades to minimize the financial penalty for a CWA violation.
- Addressing a surface water No Exposure determination violation with affirmative corrective actions rather than penalties.