The Stoel Rives Air Team's often brings its substantial experience with the air rules to help industrial sources address issues related to alleged non-compliance. Team members have negotiated settlements to a broad variety allegations of historical new source review violations. We have also represented clients on a broad variety of other alleged civil violations on issues including opacity requirements, stratospheric ozone program requirements, reporting requirements, permit limit exceedances, compliance orders, late permit applications and failure to obtain a permit. This experience includes enforcement brought by federal, state and local authorities.
The Stoel Rives Air Team has unusually deep experience in assisting clients address potential and actual criminal enforcement. Team members have worked closely with sources alerted to the existence of criminal investigations to avoid the filing of an indictment. For example, in one situation a client was alerted to the existence of a criminal investigation after an EPA agent interviewed a former employee. We assisted the client in determining that a disgruntled former employee had made allegations about supposed Title V air permit violations and ultimately succeeded in convincing the federal prosecutor to drop the investigation without an indictment. Where such a pre-indictment response has not been possible, team members have assisted clients in defending a broad variety of criminal environmental charges in both the state and federal courts.
