EPA Information Request Letters: Response Strategies, Protecting Privilege/Confidentiality, Mitigating Further Scrutiny

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Thursday, August 29, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide environmental counsel on responding to EPA information request letters, understanding key strategic considerations and alternatives, and assessing and managing enforcement risk. The panel will offer perspectives on varying approaches under environmental laws.
Faculty

Mr. Mikolop advises and defends clients in internal investigations and environmental enforcement actions, and counsels clients in federal environmental regulatory programs with the insight as a former environmental crimes prosecutor for the U.S. Department of Justice. Clients faced with crisis situations seek out Mr. Mikolop for advice when conducting internal investigations and defending enforcement actions for companies facing allegations of wrongdoing or potential violations of federal law. Beyond his enforcement defense capabilities, Mr. Mikolop frequently counsels clients on federal permit applications and processes related to project development, compliance with existing natural resource permits and responding to industrial accidents. He leads internal investigations and defends companies across numerous industries, including oil and gas, heavy equipment manufacturing and manufacturing involving the use of pesticides, aftermarket automobile parts, agriculture, public utilities and food wholesalers and retailers.

Ms. Schilling provides strategic counsel to companies of all sizes navigating complex air quality challenges. She leverages her technical skills and national experience to advise clients across industry sectors in the development of air quality permitting and compliance strategies, and to represent clients in enforcement actions and rulemaking proceedings before state agencies and the federal EPA. Ms. Schilling’s decade of experience in Washington D.C. counseling clients on federal air quality and climate change initiatives, coupled with her deep knowledge of air quality permitting programs across the Mountain West, give her insight into opportunities and challenges facing clients at both the state and federal levels. Ms. Schilling also has substantial experience drafting comments and petitions for reconsideration on behalf of clients in federal Clean Air Act rulemakings and representing clients in challenges to federal rulemakings in the D.C. Circuit Court of Appeals.
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 request information to evaluate a company's compliance with those statutes. The EPA can use formal information requests 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 managing the narrative to reduce the risk of enforcement exposure and protect privileges and confidentiality.
Counsel and their clients must understand the common concerns and red flags for the EPA under various environmental programs and must develop proactive legal strategies for responding to information requests, investigations, and if necessary, defending against EPA claims in the enforcement context.
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, as well as addressing common concerns and issues under environmental laws. The panel will offer practical guidance for responding to EPA information request letters.
Outline
- Scope of EPA authority
- CERCLA
- CWA
- CAA
- RCRA
- Common concerns and issues
- Strategic considerations for counsel before responding to an EPA request letter, including corresponding with EPA
- Managing scope of the request
- Do's and don'ts of responding
- Timing
- Strategic tips for drafting narrative responses
- Privileges and confidentiality
- Preparing for production
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

CERCLA Liability and Reopened Superfund Sites: PRP Impact, Settlement Consequences, Insurance Considerations
Thursday, April 10, 2025
1:00 p.m. ET./10:00 a.m. PT

PFAS 2025 Update: Regulatory and Scientific Developments, Increasing Litigation, Insurance Issues
Tuesday, May 27, 2025
1:00 p.m. ET./10:00 a.m. PT

Introduction to Environmental Litigation: Key Litigation Strategies, Regulatory Frameworks, and Common Challenges
Monday, April 28, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development
How to Build a Standout Personal Brand Without Sacrificing Billable Hours
- Career Advancement