Environmental Enforcement & Penalty Analysis

Our experts advise clients and their counsel on many aspects of regulatory agency enforcement actions. We analyze the complex regulatory issues associated with alleged violations of U.S. and state environmental laws and regulations, and we help counsel develop effective defenses to allegations. This work often involves extensive factual analyses of alleged violations. Our experts also analyze and rebut government penalty assessments, develop persuasive counteroffers, assist with negotiations to determine any final penalty amount, and, if needed, provide expert testimony. Our work involves addressing both the gravity component of penalties and the alleged economic benefit of non-compliance. We provide additional services to help clients settle environmental enforcement actions, including development and valuation of supplemental environmental projects, preparation of ability-to pay analyses, determination of appropriate injunctive relief, and advice on settlement agreement provisions addressing the development and implementation of environmental management systems.