Non-compliance with environmental laws can have serious consequences, including civil and criminal penalties, injunctions and costly equipment upgrades. There are also less tangible, but often longer-lasting consequences, such as loss of trust and goodwill with government regulators, corporate shareholders, and community stakeholders.
Defense of enforcement actions requires proper assessment of compliance status, evaluation of the strength of the government’s case, and reasonable computation of a penalty, if necessary.
Our attorneys have significant experience with audit and compliance work, including matters with multiple confidential clients, to establish world-wide environmental and safety audit protocols. This experience is important to an evaluation of reporting obligations, and whether an entity could or should take advantage of any protections afforded to voluntary self-disclosures under US EPA’s Audit Policy.
Our attorneys have defended civil, criminal and administrative enforcement actions and negotiated resolution with federal, state and local agencies. In criminal matters, we often partner with highly experienced criminal defense counsel. We also counsel clients on the development of supplemental environmental projects to take advantage of governmental policies that provide for reduction in penalties in exchange for beneficial activities for the community.