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

A live 90-minute CLE webinar with interactive Q&A


Wednesday, February 15, 2017
(Alert: Event date has changed from 2/14/2017!)
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 20, 2017


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.

Description

Under most environmental laws, including CERCLA, the Clean Water Act (CWA), the Clean Air Act (CAA) and RCRA, the EPA has the authority to evaluate a company’s compliance with those statutes. The EPA can use the information request letter to gather information in its efforts to assess compliance. The request letter is often the first step in an EPA enforcement action.

A company’s response to an EPA inquiry establishes the groundwork for how the matter will proceed and ultimately be resolved. The company and counsel should formulate an approach by which the EPA receives the information it seeks while protecting privileges and confidentiality.

Counsel and their clients must understand the common concerns and red flags for the EPA and must develop proactive legal strategies for responding to information requests, investigations and, if necessary, defending against EPA claims.

Listen as our authoritative panel of environmental counsel discusses the scope of the EPA’s information gathering authority, examining provisions under CERCLA, CWA, CAA and RCRA, and will address common concerns and issues under environmental laws. The panel will offer practical guidance for responding to EPA Information Request letters.

Outline

  1. Scope of EPA authority
    1. CERCLA
    2. CWA
    3. CAA
    4. RCRA
  2. Common concerns and issues
  3. Strategic considerations for counsel before responding to an EPA request letter
  4. Do’s and don’ts of responding
    1. Timing
    2. Privileges and confidentiality
    3. Voluntary compliance vs. litigation
    4. Managing scope of the request
    5. Preparing for production
    6. Drafting narrative response

Benefits

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?

Faculty

Freedom S.N. Smith, Partner
Ice Miller, Indianapolis

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.

Douglas J. Steding, Partner
Miller Nash Graham & Dunn, Seattle

Mr. Steding focuses his practice on environmental law and litigation, representing landowners, real estate developers, industrial facilities and other businesses on issues related to hazardous waste, contaminated land, and regulatory compliance. He leverages his scientific background in his legal practice and in the representation of his clients, bringing his knowledge to bear on remediation of contaminated lands and sediments.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 01/20/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 01/20/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 01/20/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 01/20/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 01/20/17)


Webinar

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Early Registration
Discount Deadline
January 20, 2017
(2 days)

or call 1-800-926-7926

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Customer Reviews

I was impressed with the examples and the practical applications of the concepts.

Connie Sue Martin

Bullivant Houser Bailey

I appreciated the depth with which the presenters discussed the subject.

Dan Jordanger

Hunton & Williams

The program was practical and showed both sides of the issue.

Kristina Pasko

Lowenstein Sandler

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

Clearly had right speakers for this seminar.

Greg DeGulis

McMahon DeGulis

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Partner

Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Wrenn Bender

or call 1-800-926-7926

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