TCEQ Enforcement Defense

Defending Against Enforcement Cases

When the TCEQ, RRC, EPA or USACE (US Army Corps of Engineers) believes someone has violated environmental laws within their jurisdiction, they begin an administrative process to require the responsible party to bring their operations or property into compliance with environmental laws. They also may assess a penalty or fine for violating the law. If you are the alleged responsible party, you have the right to challenge the alleged violations, the amount of the proposed penalty, or both. But you have a limited time period to exercise these rights.

The enforcement case will not go away if  it is ignored.  Because you must respond to the accusations of violating environmental laws, it is important to seek qualified help, and seek it immediately.  Every communication between you and the enforcing agency is critical to obtaining the best outcome.

Mark McPherson has over 20 years’ experience helping facilities and operators all across Texas:

  • Defend against enforcement actions and penalties;
  • Negotiate and complete agreed orders; and
  • Come into and maintain compliance with applicable rules.

You may have several options available, and some may cost less than others. The agency is not required to help you find the least expensive alternative. Mr. McPherson can work with you to develop and implement practical solutions that balance costs and benefits.

Visit our Hot Topics-TCEQ Enforcement Defense page where you will find more detailed information about TCEQ enforcement procedures and processes, and ideas on how to respond.


We help clients all over Texas defend enforcement cases and challenge penalties. Time is critical, so don’t delay. Call Mark McPherson at 214-722-7096 to protect your rights.

Keep up with additional developments by subscribing to Mark McPherson’s Enviropinions blog.

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