Responding to EPA Information Request Letters: Mitigating Further Agency Scrutiny
Assessing Response Options, Meeting Confidentiality Requirements While Demonstrating Compliance With CERCLA, CWA, CAA and RCRA
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to environmental counsel on responding to EPA information request letters, understanding key considerations, and assessing the alternative responses. The panel will offer strategies to overcome common concerns and issues under environmental laws.
- Scope of EPA authority
- Common concerns and issues
- Strategic considerations for counsel before responding to an EPA request letter
- Do’s and don’ts of responding
- Privileges and confidentiality
- Voluntary compliance vs. litigation
- Managing scope of the request
- Preparing for production
- Drafting narrative response
The panel will review these and other key issues:
- What are the key considerations for environmental counsel when responding to an EPA Information Request letter?
- What are the areas that have proven to be red flags for the EPA?
- What steps should counsel take to ensure privileges are protected?
Jeff C. Miller
Miller Nash Graham & Dunn
Mr. Miller concentrates his practice on environmental law, with a particular emphasis on hazardous waste cleanup,... | Read More
Mr. Miller concentrates his practice on environmental law, with a particular emphasis on hazardous waste cleanup, enforcement issues, and CWA permitting issues. A secondary focus of his practice is insurance coverage work on behalf of policyholders, usually in conjunction with environmental claims. A significant portion of Mr. Miller’s work involves the Portland Harbor and Lower Duwamish Waterway Superfund sites, representing clients in private allocation processes, reviewing technical documents, and analyzing client liability and potential defenses.Close
Freedom S.N. Smith
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental... | Read More
Ms. Smith concentrates her practice in the areas of environmental and toxic tort litigation, environmental insurance coverage, product liability and general business litigation. She has experience managing environmental liability in business transactions, hiring and working with environmental consultants to achieve client objectives, litigating cases for both public and private clients involving environmental clean-ups, and handling environmental insurance and coverage claims.Close