Related Practices
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We represent clients in lawsuits and civil and criminal investigations involving air, water and waste enforcement matters, including EPA’s “new source review” initiative. We also represent clients sued under the citizen suit provisions of federal environmental laws.
EPA is emphasizing “multi-media” inspections of major industrial facilities as a way of achieving more integrated enforcement of various environmental statutes. Such inspections may result in referral by the EPA to the Department of Justice of civil (or criminal) compliance claims under several different statutes, entailing potentially huge civil fines. Our breadth of practice enables us to render cost-effective assistance to clients in resolving such “multi-media” enforcement actions.
Criminal enforcement of environmental statutes has grown markedly during the 1990s. Covington’s environmental and criminal lawyers team in defending clients on criminal enforcement matters. Our comprehensive understanding of regulatory programs enables us to effectively defend 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.
Representative Matters
- Representation of a client in a multi-Region EPA investigation of water and waste disposal issues at numerous facilities and negotiation of two consent decrees.
- Representation of a 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.
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