Many people may never have heard of the Environmental Protection Agency (EPA). For those involved in large scale businesses, they may have heard of the EPA but had few direct dealings with it.
The EPA is a federal agency tasked with setting and enforcing environmental laws. Some notable regulations include the Ocean Dumping Act, Coastal Health Act and Toxic Substances Control Act. The EPA has a host of legal powers at their disposal to enforce these laws. What powers do they have?
Gathering information
The EPA has the right to certain information. This will largely depend on the nature and scale of the business. For example, a small company may not have to disclose as much information as a large production company. Larger companies are much more likely to be subject to routine audits and inspections. Agents may attend company premises regularly to conduct interviews with key staff and collect samples for laboratory testing.
Searches and seizures
While the EPA may not sound like an active police force, they are. EPA agents have similar powers to police officers and FBI agents. They can conduct interviews, search property with consent or with probable cause and even make arrests.
In terms of searching a company premises and seizing evidence, the rules of the Fourth Amendment apply. Without consent, EPA agents must usually have a warrant or probable cause. For example, they may have received a reliable tip from a member of the public that environmental rules are being broken.
Environmental charges should be taken as seriously as any other type of charge. If you are dealing with the EPA, then seeking legal guidance can be very helpful.