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Environmental Enforcement and Internal Investigations

Sidley was among the first law firms to establish an Environmental practice dedicated to criminal and civil enforcement defense. Many of our lawyers served as government prosecutors and Environmental Protection Agency (EPA) enforcement officials, including a former Department of Justice, Chief of the Environmental Enforcement Section, a Chief of the Environmental and Natural Resources Division’s Appellate Section, and an acting division director in EPA’s Office of Civil Enforcement.

“Sidley Austin's ability to dive into complex and deep regulations, while translating it for us, is amazing.”
Chambers USA 2024, Nationwide: Environment

With a collective 300 years of experience handling high-stakes criminal and civil enforcement matters, Sidley’s environmental team knows every aspect of the legal process, from the first government contact through resolution of the government’s allegations. Our experience across hundreds of matters means that:

  • We know the laws: Our team has handled enforcement matters involving all major federal environmental laws and many state laws. This broad practice allowed us to develop relationships with experienced defense counsel nationwide to serve as local counsel or to represent individual employees.
  • We know the industry: Our clients cut across the economy, from oil, gas, and chemicals to auto, truck, and engine manufacturers, to agriculture, to big box retail. Members of our team regularly work with a deep network of experts on the complex technical and scientific details important to many cases.
  • We know the agencies: Environmental enforcement actions are not limited to the U.S. Department of Justice and EPA. They can also involve the Occupational Safety and Health Administration, the U.S. Chemical Safety Board, U.S. Department of Transportation, and state attorneys general and state agencies, such as the California Air Resources Board.
  • We can see it through to the end: Our clients have resolved enforcement actions with reasonable penalties or a prosecutor’s decision not to indict. In other matters, we have successfully tried complex matters before administrative boards, trial courts, and appellate courts, up to the U.S. Supreme Court.

Some of Sidley’s best work ensures that clients never face enforcement actions. Internal corporate investigations and compliance counseling allow our team to confidentially recommend ways for companies to get it right. We also design and implement compliance assurance systems that have been invaluable as the U.S. Department of Justice increasingly demands management systems and auditing requirements in criminal plea agreements, associated civil consent decrees, and administrative agreements, or to address potential government contract suspension and debarment.