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Enforcement Actions by Environmental Agencies Webinar

On December 12, 2013 by Schnader

On December 12, 2013, Robert L. Collings presented the webinar “Enforcement Actions by Environmental Agencies” for Lorman Education Services. The webinar covered topics including:

Assessing the Significance of an Enforcement Action and Response Options

  • What type of action has been taken, what is its legal effect and what does the agency want?
  • What are the client’s substantive and procedural rights and obligations?
  • How does the enforcement process preserve the client’s rights? Affect business operations?

How to Identify the Correct Initial Response Options and Required Business/Client Decisions

  • Reviewing the regulatory and facility personnel interactions, inspections, and records
  • Identifying the relevant documents governing the action – permits, orders, agreements, and policies
  • Consider any larger issues (constitutional, continuing violations or unaddressed violations) that would surface in an adversary proceeding

Settlement or Litigation – or Both – Procedures for Structuring the Settlement and the Defense

  • Agreements to phase discovery and pretrial events to allow settlement talks; timing depositions
  • Effect of litigation on business operations; corrective actions and their use as evidence
  • Retaining experts? Pros and cons of client experts vs. outside experts; experts and the facts

Case Management in Administrative Cases/ Explaining the Process to the Client

  • Conferences and judges – understanding the process, options, and the judge’s preferred practices
  • Intervention issues – neighbors, NGOs, competitors, and allies
  • Discovery issues in administrative practice – prediscovery by FOIA request, e-discovery pros, and cons
  • Pretrial dispositive options and settlement – seeking advantageous settlements/when not to settle

Hearings and Appeals – Understanding the Decision-Making Process

  • How final is the hearing decision? Internal review and decision-making; reconsideration options
  • Administrative appeals and judicial appeals after-the-fact settlement
  • Advantages of the government in post-hearing appeals and legal actions; minimizing the advantages