Responding to Local, State, and Federal Regulatory Enforcement Actions

Erich Birch, J.D., P.E., Arbitrator, Mediator Attorney

Manufacturers, commercial operations, construction sites, and other types of facilities are subject to ever expanding environmental regulations. Most regulatory programs require self-monitoring and reporting; however, compliance is also subject to investigations and enforcement by city, county, state, and federal governmental regulatory agencies. This presentation will provide a comprehensive overview of regulatory enforcement programs, common conditions that result in enforcement, typical penalties, and strategies for avoiding, responding to, and mitigating the consequences of enforcement.

Presented by Erich Birch, J.D., P.E.

Erich Birch is an environmental lawyer with the firm of Birch, Becker & Moorman, LLP, where he assists clients with permitting, enforcement, environmental audits, contested hearings, and other environmental and regulatory matters. He has extensive substantive experience with air quality, industrial and hazardous waste, stormwater, municipal solid waste, petroleum storage tanks, used and waste oils, Superfund, and recycling issues. Erich is a former attorney with the Texas Water Commission, and prior to practicing law he was an engineer in the chemical industry. He is on the Board of Directors of the State Bar of Texas, is the former Chair of the Alternate Dispute Resolution (ADR) Section of the Bar, and serves on the Council of the Bar’s General Practice, Solo, and Small Firm Section. He provides ADR services to the U.S. Environmental Protection Agency (EPA), is an arbitrator on the panel of the American Arbitration Association, a Credentialed Mediator, and an insurance Umpire. He is also a Professional Engineer in Texas. Erich has a B.E. in Mechanical Engineering from Vanderbilt University, and a law degree from the University of Houston Law Center.