Responding to EPA Information Request Letters: Mitigating Further Agency Scrutiny
Response Options; Confidentiality Requirements; CERCLA, CWA, CAA and RCRA Compliance
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.
Outline
- Scope of EPA authority
- CERCLA
- CWA
- CAA
- RCRA
- Common concerns and issues
- Strategic considerations for counsel before responding to an EPA request letter
- Do’s and don’ts of responding
- Timing
- Privileges and confidentiality
- Voluntary compliance vs. litigation
- Managing scope of the request
- Preparing for production
- 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
Krista McIntyre
Partner
Stoel Rives
Ms. McIntyre currently serves as the Practice Group Leader for the firm’s Environment, Natural Resources, and... | Read More
Ms. McIntyre currently serves as the Practice Group Leader for the firm’s Environment, Natural Resources, and Land Use Practices. Her practice is focused on enforcement defense and permitting under the Clean Air Act, regularly defending clients in EPA and state enforcement actions involving alleged violations of CAA programs, such as the permitting requirements under new source review, prevention of significant deterioration, Title V, plus New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants. Ms. McIntyre participates in state rule development and contested case proceedings before the Board of the Idaho Department of Environmental Quality. Before joining the firm she was an attorney/advisor at EPA and a special trial attorney at DOJ.
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Freedom S.N. Smith
Partner
Ice Miller
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.
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