Environmental Release and Incident Response

With decades of experience advising clients through sudden and catastrophic incidents ranging from the virtual to the physical—including cyber-attacks, pipeline and upstream oil and gas explosions, train derailments, chemical plant and refinery fires, weather induced tank and process failures, and other on-site emergencies—clients frequently call on us on when the unexpected occurs. Emergencies, incidents, and accidents happen, no matter the size or scale of business operations. These events have significant business disruption potential, and may create challenging dynamics and stress company personnel. We serve as a trusted adviser and develop response plans in advance to help clients as they seek to minimize liability and business interruption in the future.

Our highly efficient incident response team includes attorneys who previously served in roles in government, as environmental, regulatory, and enforcement officials, and as executive in-house compliance officers and emergency response managers in agencies such as the US Department of Justice, US Department of Labor, US Coast Guard, Federal Bureau of Investigation, National Oceanic & Atmospheric Administration, US Army Corps of Engineers, US Nuclear Regulatory Commission, US Department of Interior, EPA, and state environmental agencies. Many on our team have backgrounds in engineering and other technical disciplines. This team partners with clients throughout the lifecycle of an incident. In the pre-incident stage, we work with you to build tailored and comprehensive incident response strategies, develop emergency response plans, train staff, and design compliance programs and safety protocols to help prepare for the worst. After an incident occurs, we mobilize at a moment’s notice. We manage every aspect of the incident response to reduce the emerging chaos and inevitable onslaught of government agencies, support a fast return to normal business operations, with the goal of reducing the potential for liability.

Before an Incident Occurs: Our attorneys help companies determine how to reduce the likelihood of incidents and mitigate their effects through training, strategic planning, and company education. We provide compliance assistance and auditing and formulate emergency response plans, prepare tailored pre- and post-event checklists, and train personnel on legal and regulatory issues that may arise.

Immediate Response: The hours immediately following an incident are the most critical and sensitive and often set the stage for potential civil and criminal liability. Operating with that in mind, we prioritize damage control, threats to human health, and threats to the environment. Once notified of the event, we respond swiftly to meet applicable reporting requirements, manage access to the scene, preserve documents, assist with outreach to the community, and interact with regulatory agencies. Our goal is to assist our clients in striking a balance between focusing on the facts of an incident while showing care and compassion for those involved.

Media Response: The onset of an emergency situation can cause a flurry of press attention. Our media-savvy lawyers are skilled in crisis communications and work seamlessly with our own public relations team, as well as our clients’ retained firms. We recognize that, with social media, public perception of an incident is shaped almost immediately and can greatly impact a company’s bottom line. Our knowledge of what to expect, round-the-clock accessibility, and industry and regulatory experience allows us to help our clients operate through an emergency on an even keel.

Near-Term Response: Once an incident is stabilized (or sometimes while that is occurring), we help clients proactively manage documents that are relevant to the incident, begin initial internal investigations, manage regulatory reporting requirements, ensure that insurance obligations are met, and respond to the inevitable government inquiries, subpoenas, and investigations. Our clients often elect to stay ahead of regulatory investigations and enforcement actions by promptly initiating their own internal investigations, for which we provide assistance and support. Successfully managing incident response and navigating legal requirements at this stage can reduce the risk of criminal prosecution and minimize potential civil penalties and liability.

Longer-Term Response: The months following a significant environmental incident require diligent cross-disciplinary legal services to reduce potential liability and efficiently and expeditiously resolve a matter. We assist with the following and more:

• Resolving regulatory enforcement actions and/or third-party claims.
• Pursuing insurance coverage.
• Filing claims against negligent contractors, consultants, or responsible third parties.
• Coordinating remediation or cleanup necessitated by any release.
• Meeting SEC-mandated disclosure requirements.
• Negotiating and overseeing implementation of required injunctive relief.
• Managing media inquiries.
• Managing political investigations at the local, state, and federal levels.
• Conducting reviews and implementing additional compliance mechanisms to minimize the risk of further incidents.