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 video webinar with Q&A
This CLE course will guide 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
Conrad Bolston
Senior Associate
Vinson & Elkins
Mr. Bolston's practice focuses on environmental litigation, regulatory compliance, and white collar defense. He has... | Read More
Mr. Bolston's practice focuses on environmental litigation, regulatory compliance, and white collar defense. He has assisted clients with a variety of federal and state environmental enforcement matters, environmental due diligence efforts, regulatory guidance, internal investigations, and litigation arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), the Resource Conservation and Recovery Act (RCRA), and analogous state laws. Mr. Bolston has also counselled clients on complex litigation matters involving toxic torts. Working with Ron Tenpas, he has recently been involved in enforcement matters that include issues related to mobile emissions, environmental criminal liability, and reporting and disposal practices for underground injection wells.
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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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