Government Investigations,
Enforcement and Penalty Actions

The federal and state governments have very broad authority to investigate environmental conditions, bring enforcement actions, and assess penalties. These types of government actions can come in many shapes and sizes. MGKF has the experience to help our clients through these investigations and to represent them in enforcement and penalty actions.

Typically, penalty actions result in administrative appeals where we have extensive familiarity representing clients. Enforcement actions and other directives usually result in administrative proceedings, but on occasion are filed in court. The government has a broader set of powers than typical litigants under most environmental statutes. We regularly represent clients in governmental actions brought by the federal government as well as the State of New Jersey and Commonwealth of Pennsylvania. These representations in the face of government action also frequently require us to work with property owners and others in the area affected by the government initiated action, whether meeting with local municipal representatives, gaining access to properties as part of the remediation, or negotiating deed notices. In one Superfund cleanup in New Jersey, for example, we filed multiple summary access actions in Superior Court to enter properties for investigation and remediation activities.

Our experience in government investigations, enforcement, and penalty actions includes the following representative matters:

• The firm represented a Fortune 100 client in a highly publicized penalty action brought by the Commonwealth of Pennsylvania arising from a release and fish kill in northwestern Pennsylvania.
• We represented the purchaser of a large former military installation in a penalty action brought by U.S. Environmental Protection Agency related to more than 50 large polychlorinated biphenyl transformers left at the property by the Department of Defense. We represented the same client during a surprise Toxic Substances Control Act inspection at the site.
• MGKF has provided on-scene counseling to a client during two emergency response actions where evacuation orders had been issued and government investigators were also present at the site.
• We represented a client in a Nuclear Regulatory Commission investigation into the disposal of radiological medial waste.