Few regions live closer to environmental law than ours. Energy production, chemical manufacturing, mining, and heavy industry have long anchored the economies of West Virginia, Ohio, and Pennsylvania — and they operate under some of the most demanding federal and state regulatory regimes in the country. When an inspection turns into an enforcement action, or a discharge turns into a federal investigation, the stakes escalate quickly: civil penalties, injunctive obligations, permit consequences, and in serious cases, criminal charges.
At Maverick Litigation, we bring something few firms in the region can offer: attorneys who ran federal environmental enforcement before they defended against it.
Enforcement Experience from the Inside
William Ihlenfeld twice served as United States Attorney for the Northern District of West Virginia. During his most recent tenure, he made environmental enforcement a priority of the office, creating the district’s first Environmental Justice Coordinator position and directing federal civil and criminal enforcement of the nation’s environmental laws — including a $1.9 million civil resolution against a Hancock County manufacturer for water pollution violations, paired with mandatory treatment upgrades, inspections, and reporting.
Max Nogay served as an Assistant United States Attorney and as the first Environmental Justice Coordinator in the history of the Northern District of West Virginia. In that role, he led criminal and civil enforcement under the Clean Air Act, the Clean Water Act, and federal hazardous waste laws; litigated environmental matters in federal courtrooms across the district; served as local counsel for the Department of Justice’s Environment and Natural Resources Division; and trained prosecutors and investigators on environmental enforcement. Before his federal service, he handled civil and criminal cases in state and federal courts throughout West Virginia and Pennsylvania.
We know how the government selects environmental targets, builds its cases, and decides between civil resolution and criminal referral — because we made those decisions.
Our Environmental Practice
- Government enforcement defense — representing companies and individuals in civil and criminal matters brought by the EPA, the Department of Justice, and state environmental agencies, from the first inspection or subpoena through resolution or trial
- Clean Water Act and Clean Air Act matters — permit violations, discharge and emissions disputes, and NPDES compliance issues
- Hazardous waste and contamination — RCRA enforcement, spill and release response, and cleanup liability
- Internal investigations and compliance — assessing exposure after an incident or audit finding, and building compliance programs that prevent the next one
- Citizen suits and private litigation — defending environmental claims brought by private plaintiffs, and pursuing claims for clients harmed by contamination
Why Early Counsel Matters
Environmental cases are decided early. The response to a notice of violation, the handling of an agency inspection, and the first communications after a release often determine whether a matter resolves as a compliance issue or escalates into an enforcement action — and whether an enforcement action stays civil or turns criminal. If your business has received an inspection, information request, notice of violation, or subpoena from a federal or state environmental agency, involve counsel before you respond.
For more information or to schedule a consultation, contact us at (304) 322-6625.