Navigating EPA's New and Expansive Climate-Focused Enforcement Initiative: Impact on Case Development and Resolution
Increased Scrutiny; Targeted Industries and Activities; Additional Enforcement Resources
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, February 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide practitioners through the EPA's recently released Climate Enforcement and Compliance Strategy memorandum outlining one of the agency's most far-reaching climate initiatives to date--prioritizing enforcement activity that will reduce greenhouse gases and other pollutants and incorporating consideration of climate change throughout its enforcement activity and case resolution, even under statutes not directly related to climate change. The panel will describe what regulated entities can expect under heightened scrutiny as the EPA increases its resources to support this initiative and how counsel may best prepare clients for compliance.
Ms. Story has counseled clients for more than a decade in state and federal environmental health and safety issues in the context of litigation, compliance counseling, and business transactions. Her active litigation practice includes representing clients CERCLA cases, addressing issues such as the scope of arranger liability, and the intricacies of cost recovery versus contribution claims. Ms. Story counsels clients on a diverse range of environmental matters, including shipment of hazardous materials, management of removal and remedial actions at Superfund sites, environmental reporting requirements and options for voluntary self-disclosure, and the use of supplemental or community environmental projects to offset civil penalties. She also analyzes and manages risks associated with environmental liabilities in business transactions, assisting clients with environmental due diligence and developing options for management of material liabilities.
Mr. Sahay directs legal and policy strategy on climate, environmental, sustainability issues at the federal, state, and international levels. He represents clients in a variety of industries, helping them shape laws through legislative and regulatory advocacy, then helping them maximize value under established legal frameworks by obtaining regulatory approvals and ensuring regulatory compliance. Mr. Sahay previously served as in-house counsel to the largest renewable fuels producer in the world, and as an acting general counsel of the largest renewable fuels trade association.
Ms. Einik assists clients in developing creative and effective solutions to complex environmental litigation, transactional, and compliance issues. She has successfully assisted industry clients in multimillion dollar civil enforcement and public nuisance actions, Department of Justice criminal investigations, toxic tort litigation, and contractual indemnification disputes, as well as in the pursuit of "takings" and other claims against the United States. Ms. Einik advises and counsels clients on environmental issues related to bankruptcy, corporate transactions, and compliance with the federal Clean Air Act, Clean Water Act, Toxic Substance Control Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response, Compensation, and Liability Act. She also has experience with corporate criminal investigations as they relate to federal and state environmental, health, and safety laws.
The EPA recently released its memorandum Climate Enforcement and Compliance Strategy outlining one of the agency's most far-reaching climate initiatives to date. Taking its direction from Executive Order 14008 requiring all federal agencies to tackle the climate crisis and building on its August 2023 memorandum FY 2024-2027 National Enforcement and Climate Initiatives, the EPA announced that its enforcement and compliance program will "vigorously enforce the full array of EPA's climate rules" as it prioritizes enforcement activity that will reduce greenhouse gases and other pollutants.
As part of this sweeping climate strategy, enforcement staff are directed to "ensure consistent consideration of climate change during the case development process and incorporate relevant climate mitigation considerations in administrative actions, civil referrals, consent decree approval requests, and referrals for criminal prosecution sent to the [DOJ]." Additionally, the EPA will consider climate risks and possible mitigation in enforcement activity under other regulatory programs such as CERCLA, RCRA, and CWA--statutes not directly related to climate change.
The EPA is also expanding resources available to enforcement staff to meet this initiative. Therefore, regulated entities can expect increased scrutiny and a higher rate of enforcement activity.
Listen as our expert panel guides environmental practitioners through one of the EPA's most comprehensive climate strategies to date. The panel will discuss what it means for regulated entities and how counsel can best prepare clients for compliance under heightened scrutiny.
- Background: the government's heightened focus on climate change
- Executive Order 14008 (Jan. 2021)
- EPA's five-year strategic plan (Mar. 2022)
- EPA's FY 2024 – 2027 National Enforcement and Compliance Initiatives Memo (Aug. 2023)
- EPA's Climate Enforcement and Compliance Strategy Memo (Sept. 2023)
- Purpose
- Enforcement and compliance initiatives
- Enforcement goals
- Targeted industries and activities
- Impact on case development and resolution
- Incorporating climate strategy under other regulatory programs (CERCLA, RCRA, CWA)
- Additional resources for enforcement
- Preparing for increased enforcement activity and best practices for compliance
The panel will review these and other important issues:
- What are the EPA's wide-ranging enforcement and compliance goals related to mitigating climate change?
- How will climate change considerations be incorporated into EPA case development and resolution?
- How will the EPA's initiative affect enforcement activity under all relevant statutes, even those not directly related to climate change, and what impact will this have on regulated entities?
- How is the EPA expanding resources to support increased enforcement activity?
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