Environment and Natural Resources
Overview
Anticipating and responding under pressure
Crowell & Moring’s Environment & Natural Resources Group navigates a complex landscape where businesses are under increasing pressure to improve their environmental performance and achieve sustainability goals. We draw on our lawyers’ experience in and positive relationships with federal and state regulators and lawmakers to anticipate and resolve disputes, to develop and demystify environmental legislation, and to shape regulation. Chambers USA, The Best Lawyers in America, Super Lawyers, and other publications include our group and its lawyers among the very top environmental practices and practitioners nationwide.
Insights
Client Alert | 3 min read | 04.25.24
JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy
The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.”
Speaking Engagement | 04.10.24
Press Coverage | 03.13.24
Why The SEC Climate Rule Might Not Standardize Emissions Reporting
Representative Matters
- Climate Change Litigation. Argued in the D.C. Circuit on behalf of the largest U.S. aircraft manufacturer, defending EPA’s first-ever regulation of aircraft greenhouse gas (GHG) emissions. We also submitted an amicus brief to the Supreme Court on behalf of the electric industry and a national water association urging the Court to preserve EPA’s regulatory authority over GHGs in one of the highest-profile environment and climate change case of the year.
- Contamination & Site Remediation. Representing industrial companies in their high exposure and legacy liability CERCLA matters involving the most complex sites across the country, including contaminated river sediment sites and multifaceted landfill sites, covering dozens of parties, and remedies in the hundreds of millions of dollars per site. Our work encompasses strategic counseling, allocation mediation proceedings, direct negotiations with DOJ, EPA, natural resource trustees, and other federal agencies, third party recovery, and litigation when necessary.
- PFAS Investigation & Enforcement. Defending a major chemicals company in engaging with EPA and DOJ regarding historic PFAS use and disposal.
- Energy Project Defense. Defending the municipal water agency serving Denver from CWA, NEPA, and ESA claims challenging a critical hydropower and dam/reservoir expansion project, and sued to bar a county from using a local permit process to block the project, obtaining a settlement allowing the project to proceed.
- Renewable Fuels Enforcement. Challenged a $70+ million civil penalty imposed by EPA on a renewable fuels generator, winning a stay from the Sixth Circuit and negotiating a favorable settlement.
- Crop Protection Products Litigation. Representing leading crop protection companies and national trade associations across a docket of litigation challenging product registrations under FIFRA, the Endangered Species Act, and CEQA in federal and state trial and appellate courts.
- Chemical Regulatory and Enforcement Counseling. Represented a producer of drinking water preservatives, settling an allegation of required labeling violations under California’s Food and Agriculture Code under the Department of Pesticide Regulation.
- Electric Vehicle Supplier Product Counseling. Counseling an EV supplier on mobile source and other regulations affecting its business, including EPA and California greenhouse gas requirements, import-export matters, and EV credits.
Insights
Client Alert | 3 min read | 04.25.24
JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy
The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.”
Speaking Engagement | 04.10.24
Press Coverage | 03.13.24
Why The SEC Climate Rule Might Not Standardize Emissions Reporting
Professionals
Insights
Client Alert | 3 min read | 04.25.24
JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy
The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.”
Speaking Engagement | 04.10.24
Press Coverage | 03.13.24
Why The SEC Climate Rule Might Not Standardize Emissions Reporting
Practices
- Chemicals
- Clean Air Act
- Clean Water Act
- Climate Change, Environmental Markets and ESG
- Contaminated Lands and Hazardous Waste
- Endangered Species and Wildlife Protection
- Energy Investigations
- Environmental Justice
- Environment and Natural Resources Litigation
- Environmental and Safety Compliance and Investigations
- Environmental, Social, and Governance
- False Claims Act Defense
- Federal Lands and NEPA
- Mass Tort, Product, and Consumer Litigation
- Per- and Polyfluoroalkyl Substances (PFAS)
- Pesticides
- Proposition 65
Insights
Client Alert | 3 min read | 04.25.24
JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy
The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.”
Speaking Engagement | 04.10.24
Press Coverage | 03.13.24
Why The SEC Climate Rule Might Not Standardize Emissions Reporting