Environmental Compliance Is a Complex Area with High Visibility and High Risk. We Help Companies in All Industries Identify, Address, and Manage Their Responsibilities
Compliance Team Lead – Timothy E. Allen | Former Special Agent (U.S. Secret Service & DOJ-OIG)
With public awareness of the environmental impacts of businesses’ operations growing, federal authorities are prioritizing enforcement in this area. From traditional mining operations that threaten natural resources to cryptocurrency mining operations that contribute to the world’s climate crisis, companies in a broad range of industries are facing heightened scrutiny, and this makes environmental compliance for companies in these industries a business imperative.
Environmental Compliance Requires a Strategic Approach
Environmental compliance means different things in different circumstances. For some companies, maintaining environmental compliance involves ensuring compliance with the Clean Water Act and Clean Air Act. For others, it means complying with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). For others still, environmental compliance requires a multi-faceted approach focused on meeting the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Toxic Substances Control Act (TSCA), and a multitude of other federal laws and regulations.
These are just examples. When it comes to environmental compliance, there is no one-size-fits-all (or even one-size-fits-most) approach. Companies need to comprehensively assess their compliance obligations, and they must adopt custom-tailored compliance programs focused on the unique aspects of their operations.
Former Federal Agents Experienced in Environmental Compliance and Enforcement
At Corporate Investigation Consulting, our environmental compliance consultants are former high-ranking federal agents who have vast experience on both sides of environmental compliance and enforcement matters. With an understanding of both the business practicalities and the federal enforcement priorities in the arena of environmental compliance, our consultants offer strategic advice and efficient solutions focused on protecting our clients from unwanted scrutiny. While environmental compliance can be a risky area, this does not have to be the case. With the right approach, companies can effectively manage their risk through compliance program implementation, management, and enforcement.
We help our clients take the right approach. Regardless of the scope and nature of your company’s environmental compliance burden, we will provide the advice, tools, and resources it needs—nothing more and nothing less.
Put our highly experienced team on your side
Roger Bach
Former Special Agent (OIG)
Timothy E. Allen
Former Senior Special Agent U.S. Secret Service
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Maura Kelley
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Marquis D. Pickett
Special Agent U.S. Secret Service (ret.)
How We Help Our Clients in the Area of Environmental Compliance
What does it take to establish environmental compliance (and prove compliance to the Environmental Protection Agency (EPA) or other federal authorities when necessary)? While each company’s needs are unique, the services we generally provide to our clients include:
Environmental Compliance Needs Assessments
Given the extraordinarily broad range of potential compliance obligations in the environmental realm, developing an effective environmental compliance program starts with conducting a needs assessment. While companies must comprehensively address all relevant areas of compliance, they must also be careful to avoid adopting unnecessary policies and procedures. Not only is this not cost-effective, but it also raises red flags for regulators since it suggests an inadequate understanding of the company’s duties.
Environmental Compliance Programs
We develop custom-tailored environmental compliance programs for our clients. After conducting a client’s needs assessment, we use the data from this assessment to formulate comprehensive compliance policies and procedures that address the client’s unique needs taking into account the specific traits of the client’s operations. By focusing solely on what is necessary, not only are we able to help our clients come into compliance as quickly as possible, but we are also able to help them maintain compliance as cost-effectively as possible on an ongoing basis.
Preparation for Evaluations, Investigations, and Record Reviews
The EPA routinely conducts evaluations, investigations, and record reviews to assess companies’ environmental compliance programs. We develop our clients’ programs with this in mind, and we provide our clients with additional tools to help them deal with the EPA effectively when necessary. We also assist our clients with preparing for EPA evaluations, investigations, and record reviews when they receive notice of impending inquiries, and we communicate with the EPA on behalf of our clients when desired.
Remedying Environmental Compliance Violations
In the event of an environmental compliance violation, a prompt and effective response is imperative. Taking proactive steps to remedy a violation can significantly mitigate the risks involved. Even with an effective environmental compliance program in place, violations can still happen (most often due to employees’ negligence or misconduct). We put our clients in a position to address environmental compliance violations effectively, and we provide assistance with remedying violations when necessary.
Environmental Compliance Auditing and Management
To ensure that they are managing their environmental compliance risk effectively, companies must audit their compliance programs on an ongoing basis. They must also promptly address any new compliance requirements, and they must enforce compliance internally through appropriate employee discipline. We assist our clients with environmental compliance auditing and management as well. We serve as independent auditors for environmental compliance, and we provide ongoing advice regarding necessary compliance program updates, appropriate employee discipline, and general best practices.
Industries with Significant Environmental Compliance Obligations
Environmental compliance is one area of corporate compliance in particular where some companies’ obligations will be significantly greater than others. For example, environmental compliance can be particularly onerous for companies and institutions in the following industries:
- Academic and Scientific Research
- Agriculture
- Automotive Recycling and Servicing
- Beneficial Use of Industrial Byproducts
- Chemicals, Paints, and Coatings
- Construction
- Cryptocurrency Mining
- Exporting
- Food Processing
- Healthcare
- Manufacturing and Retail
- Oil and Natural Gas Extraction
- Ore Mining
- Transportation and Port Operations
10 Common Areas of Environmental Compliance
Even within these (and other) industries, companies’ and institutions’ compliance obligations can vary widely. Environmental compliance obligations are largely operations-specific, meaning that whether and to what extent a company must comply depends on how and where the company does business, among other factors. With this in mind, some of the most common areas of environmental compliance (as identified by the EPA) are:
- Air – The Clean Air Act is among the most broadly applicable federal environmental statutes. Various other pieces of federal legislation apply to specific sources of air pollution as well.
- Emergencies – Companies that assist with oil spill cleanup and other types of emergency response must be careful to maintain strict environmental compliance.
- Land and Cleanup – Underground storage tanks (UST) are subject to various environmental controls, and Superfund contractors must carefully comply with all CERCLA requirements.
- Lead – Lead remains a significant environmental concern in the United States. Companies that deal with lead paint and other hazards must address all pertinent air, water, and waste contamination risks.
- Pesticides – Pesticides are subject to registration in the U.S. due to their potential environmental impact. Farms and other businesses that use pesticides must address the relevant compliance implications as well.
- Sector-Based – From agriculture to metal finishing, companies in many industry sectors are subject to sector-specific environmental compliance requirements. We help companies meet these requirements in addition to meeting the requirements that apply to companies and institutions generally.
- Small Business – While small businesses enjoy some leeway when it comes to practically managing the costs of environmental compliance, they must still effectively address their compliance obligations.
- Toxic Substances – Companies and institutions that manufacture and use toxic substances must adhere to strict environmental controls regarding manufacturing processes, transportation, storage, and disposal.
- Waste – Toxic waste management is another area of concern for many companies and institutions. This includes manufacturing, transportation, storage, leak repairs, and remediation.
- Water – The Clean Water Act, Safe Drinking Water Act, and various other sources of federal authority establish a broad range of compliance obligations pertaining to water contamination.
FAQs: What Companies Need to Know about Environmental Compliance
Is My Company Subject to Environmental Compliance Requirements?
Determining whether your company is subject to environmental compliance requirements requires an in-depth assessment of the inputs, mechanisms, and outputs of its operations. Federal environmental laws and regulations address all stages of companies’ operations, and companies cannot afford to overlook any relevant requirements. If you have questions about your company’s environmental compliance obligations, we can assist with a comprehensive needs assessment.
What Does It Take to Establish Environmental Compliance?
Due to the breadth and disparity of environmental requirements, understanding what it takes to establish environmental compliance requires a detailed assessment on a case-by-case basis. No two companies’ environmental compliance obligations are exactly alike. Once we assess your company’s compliance obligations, then we can formulate a comprehensive and custom-tailored strategy for maintaining compliance on an ongoing basis.
Do the Costs of Environmental Compliance Outweigh the Costs of Noncompliance?
Generally speaking, the costs of environmental compliance outweigh the costs of noncompliance. This is the nature of the federal regulatory system. By taking the steps necessary to implement an effective environmental compliance program, companies can protect themselves (and their executives) against the costs of defending against civil or criminal allegations and facing fines, restitution, imprisonment, and other penalties.
Speak with an Environmental Compliance Consultant for Free
If you need to know more about what your company should be doing in the area of environmental compliance, we encourage you to get in touch. To schedule an appointment with one of our former federal agents at your convenience, please call 866-352-9324 or request a complimentary consultation online today.