NATIONALLY RECOGNIZED FEDERAL LAWYERS
How Receiving an EPA Target Letter Impacts Environmental Crime Cases
|Last Updated on: 2nd October 2023, 05:50 pm
How Receiving an EPA Target Letter Impacts Environmental Crime Cases
Getting a target letter from the Environmental Protection Agency is no joke, folks. This lil’ piece of mail signals that you’re under investigation for an environmental crime. Yikes! But don’t freak out just yet. Let’s walk through what a target letter is, what it means for your case, and how to respond.
What is an EPA Target Letter?
A target letter is basically the EPA’s way of saying “Hey, we think you may have broken some environmental laws and we wanna talk about it.” It means you’re on the EPA’s radar for a potential enforcement action (uh oh).
The letter will usually include details about the alleged violations, like what laws they think you violated and what evidence they have. It’ll also ask you to contact the EPA to discuss the case. Essentially, they wanna interview you as part of their investigation.
Why Do People Get Target Letters?
There’s a few reasons you might get a target letter from the EPA:
- Your company or organization is suspected of violating environmental regulations like the Clean Air Act or the Clean Water Act.
- You personally are suspected of committing environmental crimes as an individual.
- You’re seen as having knowledge about someone else’s environmental violations.
The EPA conducts all kinds of investigations into potential environmental crimes, from illegal dumping cases to air pollution violations. If they think you’re involved somehow, you may receive a letter.
What Are the Consequences?
OK, you got this letter from the EPA. What does it actually mean for you and your case?
Well, it means you’re potentially facing civil penalties or criminal prosecution under federal environmental laws. Not great news. The specific consequences depend on the circumstances though.
On the civil side, the EPA can seek fines and other remedies for regulatory violations. For criminal charges, you could be looking at hefty fines, probation, or even jail time in some cases.
The target letter is usually the first step in a long process. It doesn’t necessarily mean you’ll be charged or sued. But it does mean the EPA is taking the potential violations seriously and wants to question you.
What Should You Do if You Get a Target Letter?
If you receive an EPA target letter, here’s a few dos and don’ts:
- DO consult an environmental defense attorney ASAP. Seriously, call a lawyer immediately.
- DO NOT ignore the letter. You must respond by the deadline they give you.
- DO be cooperative if you decide to meet with EPA. But consult your attorney first!
- DO NOT destroy or alter any relevant documents after receiving the letter.
- DO assert your rights if questioned. You have the right to remain silent!
Having an experienced environmental lawyer represent you from the start is critical. They can interact with EPA on your behalf and advise you on the best response. It’s not something you wanna handle alone.
How Will the Case Progress After the Letter?
After you receive the target letter, here’s generally how things may play out:
- You respond to the EPA by the deadline and indicate whether you will agree to an interview.
- If you agree, the EPA interviews you with your lawyer present.
- The EPA continues their investigation and you provide documents/information as requested.
- The EPA decides whether to pursue civil charges or criminal prosecution.
- If they file charges, your case enters the settlement or trial phase.
Having an attorney with you at every step is extremely important. They can negotiate with the EPA on your behalf and defend you if it goes to litigation. Don’t wait too long to call them!
What are Some Common EPA Target Letter Defenses?
If you do get charged after receiving the target letter, there are defenses your environmental lawyer may use to fight the allegations. Some common ones include:
- You didn’t actually violate the law – Your attorney can argue there was no real violation.
- You followed regulations – You made a good faith effort to comply with complex regulations.
- No harm occurred – Your actions didn’t actually harm the environment or public health.
- Lack of intent – You didn’t knowingly or intentionally commit environmental crimes.
Your lawyer will closely analyze the alleged violations to determine the best defense strategy for you. Having an experienced attorney fighting in your corner makes a huge difference.
Bottom Line
Target letters from the EPA are serious business and shouldn’t be ignored. If you receive one, contact an environmental attorney immediately to protect your rights. With the right legal defense, you can hopefully resolve the case favorably.
Just stay calm, be cooperative, listen to your lawyer, and let them handle interactions with the EPA. This stressful process is much easier with experienced legal counsel guiding you each step of the way.
Sources:
- EPA Environmental Crimes Case Bulletin
- EPA Environmental Justice in Enforcement and Compliance Assurance
- Knowing What Makes an Environmental Crime
- EPA Plans to Strengthen Environmental Justice Through Criminal Enforcement
- Federal Criminal Defense for Environmental Crimes
- EPA Prosecution for Environmental Crime