Skip to main content
Environmental

Practices

Enforcement Defense

We defend clients in civil, criminal, and administrative enforcement actions brought by federal, state, and local government agencies relating to all types of environmental media and statutes, including CERCLA, EPCRA, the Clean Air Act, the Clean Water Act, RCRA, TSCA, FIFRA, the Oil Pollution Act, NEPA, the Endangered Species Act, the Rivers & Harbors Act, and the Safe Drinking Water Act. Our extensive experience has positioned us to serve as national counsel for companies of all sizes in a broad range of industries, including many Fortune 500 companies.

Our environmental lawyers develop creative and aggressive defense strategies and leverage opportunities for quick and cost-effective settlements, assist with economical abatement measures, and vigorously contest enforcement actions to protect our clients’ operations and reputations. We have favorably resolved numerous claims, often obtaining dismissals or reclassifications of alleged violations or having penalties eliminated or reduced with no admission of liability. Our track record and credibility have also earned the respect of many federal and state environmental agencies and offices and their legal teams.

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.