Burnside Environmental Group provides specialized litigation support services, assisting counsel in determining the underlying facts of an alleged environmental violation. Our unique perspective assists clients in developing legal strategies to either avoid or defend against, civil or criminal environmental enforcement actions and other white collar crimes investigations and prosecutions. We take pride in our ability to respond rapidly to environmental incidents, regulatory inspections, search warrant activities, and critical internal corporate matters.

Burnside Environmental Group can quickly determine the underlying facts of an environmental incident, alleged violation, civil matter or potential toxic tort. Our team can provide information and advice that is critical for the development of legal and crisis management responses and strategies. We have the ability to:

  • Conduct root cause and corporate internal investigations
  • Re-create (mirror) government environmental inspections, search warrants, and environmental crimes investigations
  • Identify, locate and interview relevant witnesses
  • Document scenes
  • Assist legal counsel in understanding the science, sampling procedures and regulations
  • Review and assess the government’s investigation, evidence and procedures
  • Monitor the government’s on-scene activities
  • Provide insight regarding the government’s possible next steps and timeline
  • Assist counsel during meetings with government prosecutors and regulators
  • Assist counsel in evaluating opposing counsel’s expert witnesses
  • Testify at legal proceedings

Regulatory and Technical Analysis
Our former EPA regulatory and technical experts are experienced in regulatory matters. Their areas of expertise include the Resource Conservation and Recovery Act (RCRA); the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); the Clean Water Act (CWA, including Section 404/Wetlands); Oil Pollution Act (OPA); the Toxic Substances Control Act (TSCA); Endangered Species Act; Lacey Act; Eagle Act and the Migratory Bird Treaty Act. We are able to provide:

  • Enforcement reviews, response strategies, and outcome options
  • Environmental Compliance evaluations
  • Penalty policy assessments
  • Engineering and technical assessments of government claims
  • Evaluations of waste and storm water collection/treatment systems
  • Environmental sampling
  • Evaluations of government sampling protocols and results
  • Assistance with coordination and negotiations with federal and state regulatory agencies
  • Jurisdictional determinations for “Waters of the United States”
  • Delineation of affected wetlands and other aquatic resources
  • Section 404 permitting strategies, including alternatives analyses, adverse impact minimization, and practical compensatory mitigation concepts
  • Development, implementation and oversight of wetland restoration and creation plans
  • State and federal threatened and endangered species surveys and assessments
  • Endangered Species Act, Migratory Bird Treaty Act, and Eagle Protection Act compliance reviews and surveys
  • Alternative Dispute Resolution related to environmental matters
  • Environmental Expert Witness services

 Environmental Monitoring, Auditing and Compliance Training

Our Team provides independent monitoring, auditing and compliance services that are often required under the terms of a Suspension and Debarment administrative agreement, deferred or non-prosecution agreement, or other civil, criminal or administrative proceeding.  We also provide general ethics and compliance evaluation services to evaluate and monitor the effectiveness of compliance and integrity programs. We have experience as Independent Monitors and Auditors and this experience will help you successfully implement practices and procedures that will reduce or minimize risk, building an organizational culture of integrity and compliance, and meet the requirements of judicial or administrative agreements.  Our Group can provide:

  • Independent Monitors
  • Independent Auditors
  • Environmental Compliance Audits
  • Worker and environmental compliance training