EPA Information Request Letters: Response Strategies, Protecting Privilege/Confidentiality, Mitigating Further Scrutiny
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide environmental counsel on responding to EPA information request letters, understanding key strategic considerations and alternatives, and assessing and managing enforcement risk. The panel will offer perspectives on varying approaches under environmental laws.
Outline
- Scope of EPA authority
- CERCLA
- CWA
- CAA
- RCRA
- Common concerns and issues
- Strategic considerations for counsel before responding to an EPA request letter, including corresponding with EPA
- Managing scope of the request
- Do's and don'ts of responding
- Timing
- Strategic tips for drafting narrative responses
- Privileges and confidentiality
- Preparing for production
Benefits
The panel will review these and other key issues:
- What are the key considerations for environmental counsel when responding to an EPA information request letter?
- What are the areas that have proven to be red flags for the EPA?
- What steps should counsel take to ensure privileges are protected?
Faculty
Todd S. Mikolop
Counsel
Hunton Andrews Kurth
Mr. Mikolop advises and defends clients in internal investigations and environmental enforcement actions, and counsels... | Read More
Mr. Mikolop advises and defends clients in internal investigations and environmental enforcement actions, and counsels clients in federal environmental regulatory programs with the insight as a former environmental crimes prosecutor for the U.S. Department of Justice. Clients faced with crisis situations seek out Mr. Mikolop for advice when conducting internal investigations and defending enforcement actions for companies facing allegations of wrongdoing or potential violations of federal law. Beyond his enforcement defense capabilities, Mr. Mikolop frequently counsels clients on federal permit applications and processes related to project development, compliance with existing natural resource permits and responding to industrial accidents. He leads internal investigations and defends companies across numerous industries, including oil and gas, heavy equipment manufacturing and manufacturing involving the use of pesticides, aftermarket automobile parts, agriculture, public utilities and food wholesalers and retailers.
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Emily Schilling
Partner
Holland & Hart
Ms. Schilling provides strategic counsel to companies of all sizes navigating complex air quality challenges. She... | Read More
Ms. Schilling provides strategic counsel to companies of all sizes navigating complex air quality challenges. She leverages her technical skills and national experience to advise clients across industry sectors in the development of air quality permitting and compliance strategies, and to represent clients in enforcement actions and rulemaking proceedings before state agencies and the federal EPA. Ms. Schilling’s decade of experience in Washington D.C. counseling clients on federal air quality and climate change initiatives, coupled with her deep knowledge of air quality permitting programs across the Mountain West, give her insight into opportunities and challenges facing clients at both the state and federal levels. Ms. Schilling also has substantial experience drafting comments and petitions for reconsideration on behalf of clients in federal Clean Air Act rulemakings and representing clients in challenges to federal rulemakings in the D.C. Circuit Court of Appeals.
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