Regulatory Counseling, Litigation and Defense

  • Enforcement Response and Resolution

  • Environmental Remediation

  • Audits and Self Disclosures

  • Administrative Proceedings

  • Civil and Criminal Defense

  • Citizen Suit Practice

  • Project Development and Brownfields/Greenfields Strategy

  • Project Development and Brownfields/Greenfields Strategy

Case Studies and Experience

Enforcement Response and Resolution

Looking at the Entire Picture to Position Clients for Enduring Success

E&W attorneys advised an industrial manufacturing client that was implicated when Clean Air Act “stack test” results triggered an enforcement investigation. E&W was ultimately able to demonstrate that the process was not testable, and working closely with technical consultants, negotiated an air permit modification with new compliance strategies.

E&W attorneys previously assisted this client with:

  • Designing and implementing a nationwide facility compliance audit and associated self-disclosure followed by completion of a negotiated compliance schedule
  • Successfully defending against a Clean Air Act citizen suit and negotiating an advantageous settlement
  • Prevailing against EPA allegations that a process incident had triggered CERCLA reporting requirements, which E&W attorneys resolved by applying chemical engineering principles to demonstrate that no material could have reached the “environment.”

Environmental Remediation

Bringing Deep Experience that Allowed the Client to Focus on its Core Mission – not on a Legal Dispute

A municipal client operating a regional airport was required to resolve historical groundwater contamination issues resulting from a past lessee’s operation of the airport’s ancillary facilities (aerospace manufacturing). The client’s international airport also faced storm water permit enforcement actions arising from de-icing and other chemical use at the airport thus creating additional enforcement liability and uncertainty.

E&W’s attorneys were retained to advise and build a strategy to resolve liability, negotiate with other responsible parties to achieve voluntary remediation of historical contamination, and defend against threatened state enforcement.

E&W applied its expertise to provide the client with a full view of its potential liability as well as strategies to resolve the issues. The matters were successfully concluded allowing the client to implement an executable legal strategy so that it could get back to its primary responsibility – safely and efficiently operating a critical element of the local economy.