EPA Information Request Letters: Response Strategies, Protecting Privilege/Confidentiality, Mitigating Further Scrutiny

Description

Under most environmental laws, including CERCLA, the Clean Water Act (CWA), the Clean Air Act (CAA), and RCRA, the EPA has the authority to request information to evaluate a company's compliance with those statutes. The EPA can use formal information requests to gather information in its efforts to assess compliance. The request letter is often the first step in an EPA enforcement action.

A company's response to an EPA inquiry establishes the groundwork for how the matter will proceed and ultimately be resolved. The company and counsel should formulate an approach by which the EPA receives the information it seeks while managing the narrative to reduce the risk of enforcement exposure and protect privileges and confidentiality.

Counsel and their clients must understand the common concerns and red flags for the EPA under various environmental programs and must develop proactive legal strategies for responding to information requests, investigations, and if necessary, defending against EPA claims in the enforcement context.

Listen as our authoritative panel of environmental counsel discusses the scope of the EPA's information gathering authority, examining provisions under CERCLA, CWA, CAA, and RCRA, as well as addressing common concerns and issues under environmental laws. The panel will offer practical guidance for responding to EPA information request letters.