EPA Enforcement Activity Increases Dramatically

For months, the Environmental Enforcement Agency (EPA) has been adding inspectors as well as new enforcement and legal staff, and the purpose of these efforts is now clear.

“We are seeing a very significant spike in enforcement activity from the EPA,” says Sid J. Trant, a partner in the Environmental and Toxic Tort practice group at Bradley Arant Boult Cummings LLP (Birmingham, Ala.).  “EPA is pursuing more enforcement actions, conducting more superfund and hazardous waste site investigations, and issuing more requests for information.”

As a result, says Trant, cooperative and proactive should be the watchwords for companies with potential environmental exposure.

“This is not the time to make the EPA your enemy,” says Trant.  “If faced with a request from the EPA it’s important to respond fully and carefully.  Internally, companies should step up their own environmental auditing.  It is always better if a company finds a problem before the regulators, as there are more options available.  If the EPA finds it, those options diminish significantly.”

Trant is available to discuss how companies should respond to the recent increase in EPA enforcement activity, and to write an article on the issue. [07/27/2010]