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EPA Inspections: Preparation, Enforcement and Liability Concerns

 

Know how to balance the interest of your company with cooperating with the EPA inspectors.

Most environmental enforcement begins with an EPA inspection of the event or facility, and the inspection can be the most critical phase of the entire enforcement process. Although EPA and the states have broad inspection authority, companies are often at a loss regarding how to handle an environmental inspection. As a result, inspectors are often allowed to exceed their legal authority during an inspection. Very often there is a need to balance protecting the interest of the company with cooperating with the inspectors. This material will outline the EPA’s civil investigation process, including the scope of EPA’s inspection and information gathering authorities. The content will familiarize you with EPA's criminal enforcement process, providing you with guidelines for your company to follow in the event that a search warrant is executed by EPA's Criminal Investigation Division. The presenters will also provide practice tips designed to help a facility protect its legal interests and properly respond to environmental inspections.

Agenda

Faculty

Michael T. Dawkins

Michael T. Dawkins

Baker Donelson

  • Shareholder at Baker Donelson and practices in the firm’s enforcement and investigations Group
  • Defended clients with environmental compliance or enforcement matters before the Mississippi Department of Environmental Quality, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency for more than 26 years
  • Experienced in defending clients during the execution of search warrants served by the USEPA Criminal Investigation Division and in conducting follow-up internal investigations and criminal defense of witnesses, subjects and targets of those investigations
  • Experienced in working with clients and consulting engineers during the performance of environmental audits
  • Wrote the article, “The Necessity for Environmental Auditing for Hospitals,” published by Bloomberg Law Reports
  • Listed in the Best Lawyers in America in the area of environmental law, since 2008
  • J.D. degree, University of Alabama; Bachelor of Accountancy, University of Mississippi; A.A. degree, Meridian Junior College
  • Can be contacted at 601-351-2428 or [email protected]
Adam G. Sowatzka, Esq.

Adam G. Sowatzka, Esq.

King & Spalding

  • Partner on the Environmental Health & Safety team at King & Spalding with a national environmental law practice
  • Extensive experience managing and defending environmental enforcement actions, including Clean Water Act, wetlands, storm water, NPDES, pretreatment, etc.; hazardous waste; air; EPCRA; and CERCLA cases
  • Counsel for Fortune 100 companies in managing environmental crises, such as regulatory crisis, emerging contaminants such as perfluorinated chemicals, and environmental crisis such as catastrophic explosions, fires, releases, and spills
  • Recognized by Chambers USA, Best Lawyers, and Georgia Super Lawyers as a leading practitioner in environmental compliance and related litigation
  • Former associate regional counsel with the Environmental Protection Agency and recipient of three Bronze Medals for Commendable Service from the U.S. EPA Office of Enforcement and Compliance Assurance
  • J.D. degree, cum laude, Vermont Law School; M.S.E.L. degree, magna cum laude, Vermont Law School; B.S. degree, cum laude, political science (with distinction) and environmental policy and planning, University of Wisconsin - Green Bay

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