Environmental regulations can impact the operational strategies for individual facilities, and can also impact corporate decision making and strategic directions. Many large companies and industry associations have also recognized the need to actively participate in reviewing proposed regulations and their implementation, and ensuring that their operations keep up to date with the latest requirements.
Violations of environmental regulations fall into the category of strict liability offenses, which are prosecuted on evidence that the offense occurred without the need to consider whether there was intent on the part of the employee or the company. Such violations can occur in the normal course of running an operation, where all operating procedures are properly followed.
The main form of defense available for such a charge is due diligence, which often requires input from a forensic assessment of the events and the environmental parameters in sufficient detail to permit reconstruction of the sequence of conditions which led to the violation.
CEMC has been involved in supporting the defense team and management in successfully defending against such prosecutions by providing the assessment of events, and where the facts support it, by providing expert testimony in court.
Regulatory and Management Consulting
CEMC assists individual companies and industry associations in understanding the rationale behind regulatory initiatives and in presenting and defending the industry position on the initiative.
With our in-depth knowledge of the regulatory framework, we have been able to assist management in making decisions about operations to best accommodate new or modified regulations or changing environmental situations.