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Environmental
Unfortunately, federal and state enforcement authorities against regulated industry is a fact of life. If a client faces an enforcement action Waller Lansden’s experienced team has an extensive track record in assisting clients in defending against administrative, civil and criminal enforcement matters.
The implications of enforcement actions often go well beyond the direct costs of responding to the enforcement allegations, paying a penalty or taking corrective action. Our team recognizes that an enforcement action, even if wholly without merit, can impact a client’s business in many ways and can impact investors, customers, and community relations. We work with clients to develop responses to enforcement actions that recognize these broader concerns. Whether that means an early settlement or a vigorous defense through a trial, and appeal if necessary, Waller Lansden’s team works with clients in all aspects of enforcement defense.
We have expertise in defending cases in all major environmental media.
Significant Matters
- Defended recycling company in multi-media enforcement by EPA and state agencies, including alleged solid waste, stormwater, and air pollution violations
- Defended a midwestern electric utility with coal-fired power plants against EPA New Source Review enforcement actions
- Represented several major electric utilities in separate litigation with EPA concerning new source review permitting requirements, and their applicability to certain repairs to existing power generation plants
- Represent significant residential developers across Tennessee in million-dollar stormwater enforcement litigation with the Tennessee Department of Environment and Conservation, as well as the Attorney General’s Office
- Represented major manufacturing facilities in dispute with EPA in nationwide enforcement initiative, centered on the definition of solid waste and recycling. Our involvement included representation of the industry at EPA headquarters, and in litigation over informal rulemaking; defense of state enforcement in multiple jurisdictions; and filing industry comments in formal rulemaking concerning definition of solid waste
- Defended aluminum foundry against citizen’s lawsuit under Clean Water Act, alleging NPDES permit violations by client’s Alabama facility
- Defense in federal criminal proceeding against agricultural operations charge charged with violation various provisions of Clean Water Act
- Defended Fortune 500 company in a federal criminal investigation of waste disposal practices, resulting in case closure without any indictment
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