Environmental Enforcement

A typical client expects to win an environmental enforcement proceeding, or at least to resolve the proceeding with a minimal financial penalty or disruption to their business operations.

Each year, environmental enforcement actions cost U.S. businesses millions of dollars in fines and other sanctions, in addition to diverting managerial resources from operations and creating a negative public perception. At McGrath North, we have successfully defended and resolved hundreds of environmental enforcement cases at the local, state and federal levels. When an enforcement action is unavoidable, our environmental experts leave nothing to chance in preparing a defense. We thoroughly investigate all allegations. We analyze and compare our findings against environmental enforcement proceedings involving other relevant businesses. Whenever possible, we incorporate supplemental environmental projects (SEPs) as part of the settlement to reduce the financial penalty. And we negotiate acceptable interim limits or milestones in order to allow the business to continue operating until a final solution is reached.

Representative Matters:

• Defended a major protein processor in a Clean Water Act enforcement action brought by the U.S. Environmental Protection Agency and the Nebraska Department of Environmental Quality
• Represented a major building materials company with respect to Nebraska Department of Environmental Quality enforcement action regarding air permit and hazardous waste requirements
• Defended a seafood processor in regard to a Clean Water Act enforcement action brought by the U.S. Environmental Protection Agency with respect to one of the company’s processing facilities located in Massachusetts
• Defended a major protein processor in a Clean Water Act enforcement action brought by the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection
• Represented a major packaged foods company with respect to a citizen’s suit, brought under the Clean Water Act, regarding stormwater discharge from one of the company’s California processing facilities
• Represented an agricultural chemical formulation and distribution company with respect to a hazardous waste enforcement action brought by the Nebraska Department of Environmental Quality
• Represented a major protein processor in a Clean Water Act enforcement action brought by citizens groups with respect to one of the company’s processing facilities in Colorado
• Represented a major protein processor in a United States Environmental Protection Agency Region 5 enforcement action brought in regard to Risk Management Program requirements relating one of the Company’s processing facilities in Michigan
• Represented a major commodities company with respect to a Clean Air Act enforcement action brought by the United States Environmental Protection Agency with respect to three of the company’s grain elevator facilities in Illinois
• Represented a major packaged foods company in a United States Environmental Protection Agency enforcement action regarding EPCRA reporting requirements and hazardous waste handling requirements for one of the Company’s processing facilities located in Ohio
• Defended a major protein processor in an Clean Water Act enforcement action brought by the U.S. Environmental Protection Agency and the Idaho Department of Environmental Quality
• Represented various companies and individuals with respect to white collar criminal environmental investigations brought by the U.S. Department of Justice and the U.S. Environmental Protection Agency