EPA & Environmental Agency Litigation

Federal court challenges to EPA actions and environmental enforcement defense

Why DC for Environmental Litigation?

Washington, DC is the center of environmental law. The Environmental Protection Agency is headquartered here, and the DC Circuit Court of Appeals has exclusive jurisdiction over many EPA rulemaking challenges.

DC's unique position in environmental law:

  • EPA headquarters in Washington, DC

  • DC Circuit exclusive jurisdiction for national EPA regulations

  • DC District Court for APA challenges to agency actions

  • Concentrated expertise in environmental law

  • Proximity to agency decision-makers

If you're challenging EPA actions or defending against enforcement, DC is often the jurisdiction where your case will be heard—and where having admitted federal court counsel matters most.

Types of EPA Challenges We Handle

EPA Permit Appeals

EPA and delegated state agencies issue permits under various environmental statutes. When permits are denied, contain unacceptable conditions, or are improperly issued, you may challenge them:

Types of Permit Challenges:

  • Permit denial appeals

  • Permit condition challenges

  • Challenges to permits issued to competitors

  • Modified permit challenges

  • Permit renewal disputes

Forums for Permit Appeals:

  • Environmental Appeals Board (EAB) for EPA-issued permits

  • DC Circuit or regional circuits for final EPA actions

  • State administrative and court processes for delegated permits

EPA Enforcement Defense

When EPA initiates enforcement for alleged environmental violations, we defend:

Types of Enforcement Actions:

  • Administrative complaints seeking penalties

  • Administrative orders requiring compliance

  • Civil judicial actions in federal court

  • Criminal referrals (in coordination with criminal defense counsel)

Our Enforcement Defense Services:

  • Response to Notices of Violation (NOVs)

  • Settlement negotiations

  • Administrative hearing representation

  • Litigation in federal court

  • Penalty mitigation

Rulemaking Challenges

EPA promulgates regulations under numerous environmental statutes. Regulated parties can challenge rules:

Grounds for Rulemaking Challenges:

  • Exceeded statutory authority

  • Arbitrary and capricious rulemaking

  • Procedural violations (notice and comment)

  • Inadequate record support

  • Unconstitutional

DC Circuit Exclusive Jurisdiction: Under many environmental statutes, challenges to nationally applicable EPA rules must be filed in the DC Circuit within specified deadlines (often 60 days).

Environmental Statutes We Handle

Clean Air Act (CAA)

The Clean Air Act regulates air emissions from stationary and mobile sources. Key provisions include:

Title V Operating Permits: Major sources must obtain comprehensive operating permits. We handle permit applications, modifications, and challenges.

New Source Review (NSR): Construction and modification of major sources requires preconstruction permits. We advise on applicability and defend against NSR enforcement.

NESHAP (National Emission Standards for Hazardous Air Pollutants): HAP emission standards for source categories. We advise on compliance and defend against enforcement.

State Implementation Plans (SIPs): States implement CAA requirements through SIPs. We challenge inadequate SIPs and defend against SIP-based enforcement.

Clean Water Act (CWA)

The Clean Water Act regulates discharges to waters of the United States. Key provisions include:

NPDES Permits: Dischargers need National Pollutant Discharge Elimination System permits. We handle permit applications and challenges.

Section 404 (Wetlands): Discharges of dredged or fill material to waters require Section 404 permits from the Army Corps. We handle permit applications and challenges.

Stormwater: Industrial and construction stormwater discharges require permits. We advise on compliance and defend against enforcement.

WOTUS (Waters of the United States): The scope of federal jurisdiction is constantly litigated. We advise on jurisdictional issues and challenge overreach.

CERCLA (Superfund)

The Comprehensive Environmental Response, Compensation, and Liability Act governs cleanup of contaminated sites:

Potentially Responsible Parties (PRPs): Current and former owners, operators, generators, and transporters may be liable for cleanup costs. We defend PRPs in EPA negotiations and litigation.

Cost Recovery and Contribution: PRPs may recover costs from other responsible parties. We pursue and defend contribution claims.

Settlement: We negotiate EPA settlements and consent decrees.

CERCLA Defenses: We assert innocent landowner, bona fide prospective purchaser, and other defenses.

RCRA (Resource Conservation and Recovery Act)

RCRA regulates hazardous waste from cradle to grave:

Permits: Treatment, storage, and disposal facilities require RCRA permits. We handle permit applications and challenges.

Corrective Action: RCRA requires cleanup of contamination at permitted facilities. We negotiate corrective action requirements.

Enforcement: We defend against RCRA enforcement actions.

NEPA (National Environmental Policy Act)

NEPA requires environmental review before major federal actions:

Environmental Impact Statements (EIS): Major federal actions significantly affecting the environment require EIS preparation.

Environmental Assessments (EA): Federal agencies prepare EAs to determine whether an EIS is required.

NEPA Challenges: We challenge inadequate NEPA compliance and defend agencies against NEPA challenges.

NEPA Defense: We defend project proponents against NEPA-based challenges by environmental groups.

DC Circuit Environmental Litigation

The DC Circuit has exclusive or preferred jurisdiction over many environmental challenges:

Exclusive Jurisdiction

Nationally applicable EPA rules under:

  • Clean Air Act

  • Clean Water Act

  • RCRA

  • TSCA

  • Other environmental statutes

Challenges must be filed in the DC Circuit within statutory deadlines.

Preferred Jurisdiction

Even when not exclusive, the DC Circuit is often the preferred venue due to:

  • Deep environmental law expertise

  • Extensive precedent

  • Efficiency of consolidated litigation

  • Proximity to agency

DC Circuit Practice

We represent clients in:

  • Petitions for review of EPA rules

  • Challenges to EPA inaction

  • Interventions in pending litigation

  • Amicus briefs

EPA Enforcement Defense Process

Notice of Violation (NOV)

Enforcement often begins with an NOV identifying alleged violations. We:

  • Analyze NOV allegations

  • Investigate factual basis

  • Prepare response

  • Negotiate resolution

Administrative Complaint

EPA may issue an administrative complaint seeking penalties. We:

  • File answer to complaint

  • Engage in discovery

  • Negotiate settlement

  • Represent you at administrative hearing

Civil Judicial Action

EPA may refer cases to the Department of Justice for civil litigation. We:

  • Defend in federal district court

  • Conduct discovery

  • File dispositive motions

  • Negotiate settlement

  • Try cases if necessary

Penalty Mitigation

We work to reduce penalties through:

  • Challenging alleged violations

  • Demonstrating good faith compliance

  • Presenting mitigating factors

  • Negotiating Supplemental Environmental Projects (SEPs)

Frequently Asked Questions

  • Deadlines vary by statute. Many environmental statutes require filing in the DC Circuit within 60 days of publication in the Federal Register. Missing this deadline may waive your right to challenge.

  • Yes, if you have standing (the rule affects you specifically). Trade associations can also challenge rules on behalf of members.

  • An NOV is not a final enforcement action but signals EPA's intent. You should respond promptly, as early engagement often leads to better outcomes.

  • EPA follows penalty policies that consider gravity of violation, economic benefit from noncompliance, and adjustment factors. We argue for the lowest defensible penalty.

  • Yes. Self-disclosure and cooperation can reduce or eliminate penalties under EPA's audit policy.

  • The EAB is EPA's internal administrative tribunal that reviews permit decisions and certain enforcement orders. Appeals from EAB go to federal court.

Contact Our Environmental Litigation Team

If you're facing EPA enforcement or need to challenge an EPA action, contact us for a consultation.

We handle:

  • EPA permit appeals

  • Enforcement defense

  • Rulemaking challenges in DC Circuit

  • CERCLA/Superfund defense

  • Clean Air Act and Clean Water Act matters

  • NEPA litigation

Contact:

Schedule EPA Litigation Consultation

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