Regulatory Compliance

Whether a small business or global manufacturer or a local government, environmental law requirements can have a significant impact on your bottom line. MD’s broad experience with environmental law extends to virtually all federal environmental statutory and regulatory programs including CERCLA, Clean Air Act, Clean Water Act, EPCRA, FIFRA, NEPA, RCRA, Safe Drinking Water Act, and TSCA. Our regulatory compliance services include the corresponding state statutes and regulations.

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. We help clients achieve consistent legal and regulatory compliance, while ensuring the best strategic position in the event enforcement is required. If needed, we have the skill to vigorously defend enforcement actions and to negotiate resolutions with local, state, and federal agencies.

Our attorneys often evaluate the need for permits and then can assist in obtaining permits with acceptable terms and conditions. For existing permits, we are able to negotiate modifications, address legal and regulatory compliance issues, or provide counsel if an enforcement action arises.

MD currently advises one client with respect to a hazardous waste permit application as the client moves from conducting recycling under a state-issued variance to maximizing strategic flexibility with a permit. We counsel another client on the modification of a hazardous waste permit where the only remaining activity to be covered is RCRA corrective action.

MD also represents a client regarding potential NPDES permit modifications to eliminate or reduce whole effluent toxicity limits and recently completed the settlement of a construction permit appeal. Our attorneys often work closely with consultants on technical comments on draft permits and we are actively engaged in the development of various TMDLs in the State of Ohio, as well as an NPDES permit dispute arising from permit disapproval by US EPA.

MD’s significant experience assisting clients with the development and implementation of compliance programs includes the development of environmental management systems (EMS) and environmental audits. We counsel clients on compliance objectives, participate in audits, and oversee audit programs. Our attorneys regularly field questions across all major statutes, ranging from the applicability of SPCC requirements to the nuances of hazardous waste management requirements.

We counsel clients on federal and state voluntary disclosure policies, reporting and notification requirements, and designing strategies to protect and reduce liability and advance organizational goals. MD also evaluates findings and citations, crafts legal and factual responses, and develops goals and recommendations to improve EMS performance. In many instances, our work involves monitoring the environmental compliance tasks for clients who operate numerous manufacturing facilities across the country and the globe.

These types of programs help clients organize their initiatives under one umbrella to document compliance and track improvement in ways that can be more easily accessed, for example, in order to communicate with stakeholders in annual reports, prepare government reports and disclosures, apply for environmental excellence recognition, and develop a public relations narrative.

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. Building on our significant environmental and safety audit and compliance work, we conduct 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. We represent clients during planned inspections and work with the in-house team to prepare responses to formal information requests.

We work to identify root causes of possible claims and to design acceptable solutions for the government and the regulated entity. MD believes this type of strategic approach is critical for industries with evolving regulatory requirements and ongoing relationships with regulators. If settlement cannot be obtained, our attorneys have litigated permit appeals, cost recovery claims, wetlands violations, environmental contamination and exposure claims, CERCLA contribution claims, and Citizen Suit actions.

Our attorneys defend civil, criminal, and administrative enforcement actions and negotiate 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.