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Hunton Andrews Kurth LLP

Todd S. Mikolop

Todd S. Mikolop

Counsel

Expertise

  • Environmental
  • Environmental Compliance, Litigation and Defense
  • Natural Resources
  • Admiralty and Maritime Law

WSG Practice Industries

Activity

Profile

Todd, a former environmental crimes prosecutor for the US Department of Justice, advises and defends clients in internal investigations and environmental enforcement actions and counsels clients in federal permitting programs.

Clients faced with crisis situations turn to Todd for advice. His extensive government experience from previous roles as a federal prosecutor in the US Department of Justice and as a judge advocate in the US Coast Guard prove invaluable when conducting internal investigations and defending enforcement actions for companies facing allegations of wrong doing or potential violations of federal law.

With his depth of experience across a broad range of industries and issues, he is well-suited to counsel clients facing a wide array of environmental challenges. In private practice, Todd has led internal investigations and the defense of companies across numerous industries, including oil and gas, heavy equipment manufacturing, manufacturing involving the use of pesticides,public utilities and food wholesalers. Todd has successfully represented corporate clients in all levels of federal environmental enforcement, including administrative, civil judicial, and criminal proceedings. As a federal prosecutor, Todd led investigations and prosecutions of complex environmental cases, including those involving water pollution, air pollution, hazardous waste and wildlife, and white collar crime offenses alleging conspiracy, false statements, obstruction, money laundering and smuggling.

Todd’s insight into myriad processes, risks, issues and strategies allows him to develop a tailored solution to fit any given situation. Beyond his enforcement capabilities, Todd frequently counsels clients on federal permit applications and processes related to project development, compliance with existing natural resource permits and responding to industrial accidents.

Todd is admitted to practice before the US Court of Appeals for the Second Circuit and the Massachusetts and District of Columbia courts.

Relevant Experience

  • Represents a national public company in response to an on-going Clean Water Act (CWA) concentrated animal feeding operations (CAFO) enforcement action by US EPA and US DOJ.
  • Represented the manufacturer of coating products in a US EPA and US DOJ criminal investigation into compliance with federal pesticide laws and regulations.
  • Represents a fish wholesaler in a NOAA and US DOJ criminal investigation into compliance with federal recordkeeping laws and regulations.
  • Represents a major electric utility in a US Coast Guard and US DOJ criminal investigation related to compliance with federal water pollution laws and regulations.
  • Represents large pipeline company in response to US EPA and US DOJ criminal investigation of environmental compliance during pipeline construction.
  • Counsels a North American leader in crude oil and natural gas transportation in the application process to obtain a license to construct an offshore deepwater port dedicated to exporting oil.
  • Represented a foreign heavy equipment manufacturer in connection with an EPA enforcement action stemming from the company’s compliance with emissions requirements for the importation of non-road equipment to be sold in the US.
  • Represents a national construction materials company in a US EPA air enforcement matter related to a facility’s alleged violation of a Clean Air Act permit.
  • Counsels major global food products company regarding the renewal of a US Forest Service Special Use Permit and other environmental and land use issues related to the collection and bottling of natural spring water.
  • Advised a midstream oil and gas operator in response to a pipeline failure and subsequent release.
  • Advised a large multinational oil and gas company regarding compliance with Endangered Species Act consultation and permitting obligations triggered by time-sensitive PHMSA operations and maintenance requirements.
  • Represented large pipeline company in defending challenges to a CWA Section 404 authorization issued by the US Army Corps of Engineers and a CWA Section 401 water quality certification issued by the West Virginia Department of Environmental Protection before the US Court of Appeals for the Fourth Circuit.
  • Conducted internal investigation related to employee allegations of safety concerns and potential falsification of inspection records associated with pipeline construction project.

Bar Admissions

  • District of Columbia
  • Massachusetts

Education

BA, Salve Regina University, Administration of Justice and Politics, 1997
Areas of Practice

Admiralty and Maritime Law | Endangered Species Act | Environmental | Environmental Compliance, Litigation and Defense | Natural Resources | Pipeline | Water | White Collar Defense and Internal Investigations

Professional Career

Professional Activities and Experience

  • 2017 Chambers USA Environment Law Firm of the Year
  • Recipient, Environment and Natural Resources Division Special Achievement Award, 2014, 2011, 2009
  • Recipient, EOUSA Director’s Award for Superior Performance as a SAUSA, 2007
  • Recipient, Department of Justice Environment & Natural Resources Division Certificate of Commendation for outstanding performance and invaluable assistance in United States v. BP Exploration Alaska, 2008

Articles

Got COVID-19 "Claims": Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, Especially for Products Claiming to be Effective Against Coronavirus
Hunton Andrews Kurth LLP, November 2020

In the age of COVID-19, demand for surface wipes, sprays and similar products is at record levels. Retail stores have struggled to keep supplies stocked and shelves may once again be emptied when the winter flu season arrives. If schools and businesses reopen concurrently, the prospects of securing these products becomes even bleaker, which may re-fuel consumer stockpiling...

Additional Articles

  • “Hydraulic Fracturing: the Growing National Debate,” US Attorneys’ Bulletin
  • “Renewable Fuel Standards: Marketplace fraud leads to federal enforcement,” American Bar Association’s “Trends,” Volume 48, Issue 6
  • “The Use of Satellite Imagery in Environmental Crimes Prosecutions in the United States: A Developing Area,” in “Evidence from Earth Observation Satellites,” Martinus Jijhoff Publishers
  • DAPL Opinion Highlights Pipeline Project NEPA Challenges, Law 360

Blogs

Pipeline Law
Hunton Andrews Kurth LLP 

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