EPA Lawyers and Consultants
Our Lawyers and Consultants Advise Companies on EPA Compliance and Enforcement Matters Nationwide
EPA Team Lead
The U.S. Environmental Protection Agency (EPA) has been playing an increased role in corporate compliance and general federal agency law enforcement in recent years. As environmental concerns continue to garner headlines and shape political discourse, the EPA is working to hold environmental violators accountable while simultaneously implementing new laws and regulations designed to address climate change and other environmental concerns in the long term.
For companies that are subject to the EPA’s oversight, this presents a challenge. Not only must these companies prioritize compliance, but they must monitor for significant changes to their compliance obligations as well. They must also ensure that they are prepared to withstand scrutiny from the EPA if necessary. In 2024, the EPA launched a long-term enforcement initiative which it has labeled the Strategic Civil-Criminal Enforcement Policy. As stated in a memorandum from the EPA’s Office of Enforcement and Compliance Assurance:
“A strong partnership between EPA’s civil and criminal enforcement offices—characterized by joint strategic planning, rigorous case screening, and regular communication—will enable EPA to realize the full benefits of the environmental laws and promote greater fairness in enforcement. Civil and criminal enforcement managers [will] review inspection reports and other information regarding alleged violations to determine the appropriate enforcement tools for each matter and revisit those choices as cases progress. . . .”
With the EPA actively pursuing both civil and criminal enforcement, companies that are subject to its oversight cannot afford to take chances. Rather, they need to take a structured, comprehensive, and proactive approach to EPA compliance. At Oberheiden P.C., we assist companies in all industries with all aspects of EPA compliance, and our former EPA agents and federal prosecutors provide advice and representation for high-stakes EPA enforcement matters as well.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
About Our EPA Practice
We maintain a broad EPA practice focused on compliance and defense. Our lawyers and consultants take a forward-thinking approach designed to help our clients efficiently maintain compliance with the EPA’s current laws and regulations while also ensuring that they are prepared to adapt to changes in the future. We prioritize defense preparedness as well, as even fully-compliant companies can face scrutiny from the EPA. Our lawyers also defend companies in civil and criminal EPA enforcement matters when necessary.
Within our EPA practice, we routinely advise and represent clients in matters including:
Clean Air Act (CAA)
The Clean Air Act (CAA) regulates emissions from vehicles, buildings, wells, and other facilities. Since the EPA has identified carbon-based emissions as a leading cause of climate change, it vigorously enforces CAA compliance, and companies targeted in inspections and audits under the CAA must be prepared to affirmatively demonstrate the sufficiency of their emission control and reduction efforts to the EPA.
Clean Water Act (CWA)
The Clean Water Act (CWA) establishes quality standards for surface waters and regulates the discharge of pollutants into the waters of the United States. The CWA gives the EPA substantial rulemaking and enforcement authority; and, today the EPA uses the CWA to regulate matters ranging from wastewater discharge to municipal water management systems.
Resource Conservation Recovery Act (RCRA)
Under the Resource Conservation Recovery Act (RCRA), the EPA has the authority to regulate hazardous waste “from cradle to grave.” For companies that generate, transport, treat, store, or dispose of hazardous waste, ensuring RCRA compliance is a critical—and substantial—undertaking. We represent companies in all areas of RCRA compliance, including compliance with the federal Hazardous and Solid Waste Amendments (HSWA).
Safe Drinking Water Act (SDWA)
The Safe Drinking Water Act (SDWA) establishes stringent rules and requirements for utilities, bottlers, and other companies that engage in commercial activities involving, “ [any] waters actually or potentially designed for drinking use, whether from above ground or underground sources.” The EPA has established several stringent standards under the SDWA, many of which also apply to states and municipalities implementing drinking water projects.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires registration of pesticides prior to sale in the United States, and it prohibits the registration or use of any pesticide that has the potential to cause “unreasonable adverse effects on the environment.” We assist companies with determining FIFRA’s applicability, complying with the applicable requirements, seeking EPA registration for pesticides, and responding to pesticide-related EPA enforcement inquiries.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund, underlies one of the EPA’s longest running environmental cleanup and enforcement programs. Under CERCLA, the EPA has the authority to investigate spills and other uncontrolled releases of hazardous waste into the environment, and it also has the authority to both mandate remediation of contaminated sites and engage private parties to clean up orphan sites. We represent companies during EPA investigations under CERCLA and provide assistance with CERCLA compliance during remediation and clean-up projects.
EPA Notice of Violation (NOV) Response
Receipt of a Notice of Violation (NOV) signals that the EPA has initiated a civil administrative action against your company. A civil administrative action is a non-judicial action through which the EPA has the authority to enforce compliance with relatively little oversight. Civil administrative actions can expose companies to substantial liability; and, under the EPA’s Strategic Civil-Criminal Enforcement Policy, they have the potential to trigger criminal enforcement as well. As a result, if your company has received a Notice of Violation from the EPA, it is critical that you engage experienced counsel promptly.
EPA Inspection and Audit Defense
The EPA routinely conducts inspections and audits focused on assessing compliance with the statutes discussed both above and below. Under the EPA’s Strategic Civil-Criminal Enforcement Policy, inspections and audits can both present substantial risks, and companies targeted in these inquiries must promptly execute an informed and strategic defense. Our lawyers and consultants have extensive experience representing companies during audits and inspections conducted by the EPA and other federal agencies, and we can use our experience to help your company target an efficient and favorable resolution.
Grand Jury Subpoenas Involving EPA Enforcement
When audits and inspections uncover evidence of criminal wrongdoing, the EPA works with the U.S. Department of Justice (DOJ) to pursue indictments in federal court. One of the first steps in this process is the issuance of a federal grand jury subpoena. Once a grand jury subpoena has been issued, the clock is ticking, and avoiding unnecessary consequences requires an urgent, yet informed and strategic, response.
Other EPA Compliance and Enforcement Matters
Along with the matters discussed above, we represent companies across the United States in a wide range of other EPA compliance and enforcement matters as well. If you have questions or concerns, or if your company is facing scrutiny from the EPA related to any of the following, we invite you to contact us for a complimentary consultation:
- American Innovation and Manufacturing Act (AIM)
- Beaches Environmental Assessment and Coastal Health (BEACH) Act
- Endangered Species Act (ESA)
- Energy Independence and Security Act (EISA)
- Food, Drug, and Cosmetic Act (FDCA)
- Marine Protection, Research, and Sanctuaries Act (MPRSA)
- National Technology Transfer and Advancement Act (NTTAA)
- Pollution Prevention Act (PPA)
- Shore Protection Act (SPA)
- Toxic Substances Control Act (TSCA)
FAQs: Effectively Managing EPA Compliance
Which Industries Does the EPA Regulate?
The EPA regulates the agriculture, automotive, construction, electric utility, oil and gas, and transportation industries. However, companies in many other industries must address EPA compliance as well. Rather than focusing on specific industries, the EPA focuses on environmental regulation more broadly, and any company that engages in a regulated practice or that uses a regulated product or regulated waste must ensure strict compliance with all applicable laws and regulations.
How Can I Determine My Company’s EPA Compliance Obligations?
Understanding a company’s EPA compliance obligations begins with conducting a comprehensive assessment to identify all areas of the company’s operations that have (or may have) environmental impacts. From here, the company’s EPA counsel can identify all applicable laws and regulations and develop a custom-tailored set of EPA compliance policies and procedures.
What Does It Take to Establish EPA Compliance?
Establishing EPA compliance can be a substantial undertaking. With that said, each company’s obligations are unique, and a custom-tailored approach is essential for ensuring that both: (i) the company does everything necessary to meet its environmental compliance obligations; and, (ii) the company does not undertake unnecessary compliance measures at unnecessary expense.
When Is EPA Registration or Certification Required?
EPA registration is required for pesticides, while certification may be required in various circumstances. Companies’ technicians, service locations, laboratories, and products may all be subject to EPA certification standards and requirements. Our lawyers can determine what is necessary for your company to establish EPA compliance and assist with securing registration or certification as warranted.
What Are the Risks of EPA Non-Compliance for Companies?
The risks of EPA non-compliance are substantial. Depending on the circumstances, non-compliance can lead to civil or criminal enforcement—both of which present risks for substantial fines and administrative penalties. In criminal enforcement cases, company executives and others who are complicit in environmental violations can face federal prison time—and the EPA has shown increased interest in pursuing criminal enforcement in recent years.
Contact the EPA Lawyers and Consultants at Oberheiden P.C. Today
If you would like to speak with an EPA lawyer or consultant at Oberheiden P.C., we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule a complimentary consultation today.
