EPA Inspections: Preparation, Enforcement and Liability Concerns

Know how to balance the interest of your company with cooperating with the EPA inspectors.

Most environmental enforcement begins with an EPA inspection of the event or facility, and the inspection can be the most critical phase of the entire enforcement process. Although EPA and the states have broad inspection authority, companies are often at a loss regarding how to handle an environmental inspection. As a result, inspectors are often allowed to exceed their legal authority during an inspection. Very often there is a need to balance protecting the interest of the company with cooperating with the inspectors. This material will outline the EPA's civil investigation process, including the scope of EPA's inspection and information gathering authorities. The content will familiarize you with EPA's criminal enforcement process, providing you with guidelines for your company to follow in the event that a search warrant is executed by EPA's Criminal Investigation Division. The presenters will also provide practice tips designed to help a facility protect its legal interests and properly respond to environmental inspections.

Learning Objectives

- You will be able to describe how to prepare for an EPA inspection.
- You will be able to identify areas for improvement for your company
or client in order to minimize the impact on the business from EPA's
enforcement.
- You will be able to explain what the EPA looks for in an inspection.
- You will be able to review your company's or client's readiness for

an inspection by the EPA.

Speaker and Presenter Information

Michael T. Dawkins - BakerDonelson

Shareholder at Baker Donelson and practices in the firm’s enforcement and investigations Group
Defended clients with environmental compliance or enforcement matters before the Mississippi Department of Environmental Quality, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency for more than 26 years
Experienced in defending clients during the execution of search warrants served by the USEPA Criminal Investigation Division and in conducting follow-up internal investigations and criminal defense of witnesses, subjects and targets of those investigations
Experienced in working with clients and consulting engineers during the performance of environmental audits
Wrote the article, “The Necessity for Environmental Auditing for Hospitals,” published by Bloomberg Law Reports
Listed in the Best Lawyers in America in the area of environmental law, since 2008
J.D. degree, University of Alabama; Bachelor of Accountancy, University of Mississippi; A.A. degree, Meridian Junior College
Can be contacted at 601-351-2428 or [email protected]

Adam G. Sowatzka - King & Spalding

Partner at King & Spalding in Atlanta with a national environmental law practice
Extensive experience managing and defending environmental enforcement actions, including Clean Water Act (stormwater, NPDES, wetlands, etc.), hazardous waste, air, EPCRA, and CERCLA cases
Counsel for Fortune 100 companies regarding developing environmental management systems, leading environmental audits, performing due diligence, and managing environmental crises
Advises clients regarding the environmental risks and liabilities associated with corporate transactions and sustainable development
Recognized by Chambers USA, Best Lawyers, and Georgia Super Lawyers as a leading practitioner in environmental compliance and related litigation
Former Associate Regional Counsel with the Environmental Protection Agency and recipient of three Bronze Medals for Commendable Service from the US EPA Office of Enforcement and Compliance Assurance
J.D. degree, cum laude, Vermont Law School; M.S.E.L. (master of studies in environmental law) degree, magna cum laude, Vermont Law School; and B.S. degree, cum laude, political science (with distinction) and environmental policy & planning, University of Wisconsin - Green Bay