Related Practices
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We litigate environmental disputes, whether arising among private parties or with enforcement agencies. In the enforcement area, we defend clients against civil and criminal investigations and enforcement involving air, water, hazardous materials and waste. From Washington, DC, we often focus on enforcement efforts brought by EPA or by citizens under federal statutes. From California, we focus on defense of actions brought under California statutes, including Proposition 65.
Criminal enforcement of environmental statutes will continue to be a serious risk, given the plethora of environmental liabilities and the complexity of compliance. Covington’s environmental and criminal lawyers team in defending clients on criminal enforcement matters. Our comprehensive understanding of regulatory programs enables us to defend effectively against claims alleging criminal non-compliance with complex and poorly articulated regulatory regimes. Criminal enforcement brings heightened emphasis to corporate compliance endeavors. We have helped clients develop and implement auditing systems to prevent future problems while maximizing confidentiality of audit materials.
We represent parties in environmental suits brought by citizen groups or private parties claiming some environmental right or objecting to some environmental approval involving resource allocation. These suits often involve challenges under ESA, NEPA or state equivalent statutes.
Representative Matters
- Representation of client in multi-Region EPA investigation of water and waste disposal issues at numerous facilities and negotiation of two consent decrees.
- Representation of clients in Clean Air Act new source review investigations, and negotiation of consent decrees covering facilities in multiple states.
- Representation of clients in criminal matters relating to alleged unlawful filling of a wetlands and false reporting.
- Representation of mining company in state hazardous waste enforcement action.
- Representation of American Petroleum Institute in Comer, a putative class action alleging that industrial activities contributed to global warming, causing a rise in sea levels and adding to the ferocity of Hurricane Katrina, and thereby causing property damage to plaintiffs.
- Representation of defendants or amici in Proposition 65 claims involving various products including zinc, chocolate, french fries, nail polish, meat products, tuna, vaccine preservatives, and nicotine patches and as to environmental releases of various chemicals, including arsenic and lead.
- Representation of company in defending toxic tort claims.
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