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Enforcement Actions By Environmental Agencies

 
Federal and state environmental agencies have a broad range of enforcement options in their administrative/judicial toolbox. They may use preliminary actions like a notice of violation or an offer of an agreed order to get a desired end result (a cleanup, a penalty, a change in compliance or workplace procedures), or issue a unilateral order or penalty assessment. They may file an administrative or judicial complaint. On occasion criminal actions may be the chosen means of enforcement. The results of the selected action may be dramatically different, and the reasoning behind the selected actions may be obscure. Agency enforcement actions may be formulaic for minor infractions, or may be the culmination of longstanding and acrimonious disagreement between the government and your client on important issues. Understanding the factual background of the action, and the prior interactions of the government and representatives of the client, is essential to framing the right responses and defense actions. In many cases the government is not expecting to litigate for its desired outcome, and a proper case analysis must consider the pros and cons of settlement and litigation, and the best tactics for each option.

Faculty

Robert L. Collings

Robert L. Collings

Schnader Harrison Segal & Lewis LLP

Agenda

Faculty

Robert L. Collings

Robert L. Collings

Schnader Harrison Segal & Lewis LLP

  • Partner in the office of Schnader Harrison Segal & Lewis LLP; co-chair, Environmental Practice Group; former chair, Litigation Department, and former member, Executive Committee
  • Practice emphasizes all aspects of permitting, compliance, counselling on transactions, and defense of enforcement actions
  • Conducts seminars and workshops on issues of air, water and hazardous waste management and permitting
  • Wrote recent publications related to the areas of remediation projects and storm water management
  • Secretary, Water Resources Association of the Delaware River Basin; member, Energy, Environment and Natural Resources Section, PA Bar Association, and ABA
  • J.D. degree, Boston College Law School; A.B. degree, cum laude, Harvard College
  • Can be contacted at 215-751-2074 or [email protected]

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