LITIGATION RISK
Civil Enforcement Litigation
EcoShelf has conducted in depth evaluations of defenses to environmental civil enforcement litigation at both the state and federal levels and across all major regulatory and permitting programs. We have successfully reduced the amount of the penalties or demands for expenditures on remedial measures in every case we have worked on. Some of our cases have involved the following issues in an effort to guide, settle or litigate decisions, and to develop the appropriate strategy for settlement:
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Determination of the number of days of violations alleged in matters involving discharges of pollutants based on careful review of the operations, permit limits and associated data, particularly in cases involving non-continuous exceedences, |
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Assessments of gravity component of potential penalties that can be assessed in a matter, |
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Collection and compilation of capital expenditure data and development of client and activity specific models and calculations for economic benefit allegedly resulting from noncompliance, and |
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Applicability of case law, guidance, basis and background documents and policy to factual circumstances presented by the matter. |
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Litigation Risk:: Experience 1 2
