What is the EPA enforcement process and how do I respond to a notice?
EPA enforcement typically starts with an information request (Section 308 Clean Water Act, Section 114 Clean Air Act, RCRA Section 3007, TSCA Section 11) demanding documents and responses within 30-60 days. Failure to respond accurately is itself a federal offense (18 U.S.C. § 1001). Following the response, EPA may issue a Notice of Violation, an Administrative Compliance Order, an Administrative Penalty Order, or refer the matter to DOJ ENRD for civil or criminal prosecution. Engage DC environmental counsel before responding to any EPA information request.
What's CERCLA and when am I exposed?
CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., commonly called Superfund) imposes strict, joint-and-several, and retroactive liability on owners, operators, generators, and transporters of hazardous substances at contaminated sites. Even minor connection to a Superfund or brownfields site can trigger six-figure response-cost demands. DC environmental lawyers handle the contribution-allocation and natural resource damage assessment processes that determine each party's share.
How much does an environmental lawyer cost in DC?
Boutiques (Beveridge & Diamond, Van Ness Feldman, Marten Law) charge $650-$1,250/hour. AmLaw 100 firms charge $900-$1,800/hour. Phase I environmental due diligence reports run $5,000-$25,000 flat or capped; EPA enforcement defense engagements typically run $75,000-$500,000+ through resolution.
What is the DC Clean Energy Act and how does it apply to commercial real estate?
The DC Clean Energy Omnibus Act of 2018 requires 100% renewable electricity supply by 2032 and imposes Building Energy Performance Standards (BEPS) on commercial buildings 50,000+ square feet (extending to 10,000+ square feet over time). DOEE administers; non-compliance triggers civil penalties. DC commercial owners and developers should review BEPS compliance plans with environmental counsel during property acquisition and refinancing.
Do I need an environmental review for a federal project?
Yes, under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. Federal actions (permits, leases, funding) generally require an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Categorical exclusions apply to routine actions. The 2023 amendments to the Council on Environmental Quality (CEQ) regulations changed timelines and page limits; DC NEPA specialists track changes closely. Climate impact analysis is increasingly central.
What is the DC Voluntary Cleanup Program?
DOEE's Voluntary Cleanup Program (VCP) provides a structured, lower-risk path for owners and developers to clean up contaminated DC properties (brownfields). Successful VCP completion results in a No Further Action letter that reduces future CERCLA exposure and supports financing. DC environmental counsel guides intake, work plans, sampling, and closure documentation.
Do these DC environmental firms offer free consultations?
Boutique firms (Beveridge & Diamond, Van Ness Feldman, Marten Law) generally offer free initial scoping calls. AmLaw 100 firms offer 20-30 minute introductory calls. For urgent EPA information requests, ICE/EPA criminal investigations, or imminent administrative compliance order deadlines, most DC environmental firms accept same-day intake.