Staying Ahead of Industrial Lawsuits: Proactive Environmental Risk Management for Facility Operators

As regulatory scrutiny intensifies and residential developments continue to expand near industrial zones, operators of solid waste facilities, manufacturing plants, chemical facilities, and refineries face mounting legal risks. What may start as a minor air quality complaint can quickly evolve into costly litigation—especially for medium-sized operations without comprehensive environmental strategies in place.

This blog draws on insights from a panel discussion at the 2025 WasteExpo, where Montrose’s Roberto Gasparini joined industry leaders to examine the growing intersection of compliance, community engagement, and legal risk. The conversation focused on proactive strategies that facility operators can use to reduce their exposure to lawsuits, particularly those tied to emissions and permitting issues.

From identifying early warning signs of litigation to building a resilient operational foundation, this blog explores actionable steps facilities can take to move beyond basic compliance—and stay ahead of the curve.

Step 1: Be Proactive

Understand Your Emissions

The first step in safeguarding your facility is a thorough understanding of what it is emitting into the air. Take a close look at your emissions data: What contaminants are present? How much is being released? Analyzing dispersion modeling can also provide insights into how these emissions might potentially affect the surrounding community. Familiarizing yourself with this information not only aids in regulatory compliance but is also vital for internal risk assessment.

Monitor Public Data

You should also be aware of the data that are publicly available regarding air quality in your area. Government agencies, such as the Environmental Protection Agency (EPA), and local regulatory bodies maintain records of air quality monitoring that can give you context about your facility’s impact. Ensure that these datasets align with your operational outputs. If they don’t, it could indicate larger issues at play.

Gauge Your Reputation

Your standing with regulatory agencies plays a crucial role in avoiding litigation. Maintain a clear compliance history and address any violations that arise meticulously. Sometimes, it’s wise to contest violations that appear unjust, but be strategic about it. Agencies often conduct independent inspections, and public perception can shift quickly if issues are not addressed promptly.

Conduct a FOIA Request

Utilize the Freedom of Information Act (FOIA) to gather intelligence about who is monitoring your facility. Knowing who’s keeping an eye on you can help gauge potential risks and prepare you for any future scrutiny.

Foster Community Relationships

Building positive relationships within your community can serve as an invaluable shield against public backlash. Engage in community events, such as local clean-ups or sponsorships of local sports teams. When community members see your facility as a helpful neighbor rather than just a business, they may even advocate on your behalf in times of crisis.

Step 2: Collect Accurate Data

Inaccuracy in reporting emissions can lead to severe consequences. Many facilities tend to overreport emissions to avoid penalties, but this can be a double-edged sword. Inaccuracies in your reports could undermine your credibility and leave you vulnerable to legal action. Transparency is essential—accurate reporting reassures both regulators and the community of your commitment to accountability.

Ensure Proper Permitting and Reporting

Your permits and emissions reports must accurately reflect your facility’s actual outputs. Overestimating emissions—whether in permitting or reporting—can create unnecessary regulatory scrutiny and suggest a larger environmental impact than is true. Inaccurate reporting, even if unintentional, can damage your credibility and expose you to legal risk. Accuracy and transparency are key to building trust with regulators, the community, and potential legal challengers.

Monitor Emissions in Real-Time

Implementing advanced monitoring systems—such as fence-line or real-time monitoring—can offer early warnings of potential emissions-related issues. Stack testing can also provide detailed insight into what your facility is truly emitting, which might differ dramatically from estimates based on outdated methodologies. Mobile PTR vans add valuable flexibility to this toolkit by capturing real-time, high-resolution air quality data exactly where and when it’s needed—especially useful during odor complaints, community concerns, or emergency response scenarios. This mobile capability ensures responsiveness and provides actionable data beyond fixed monitoring locations.

Leveraging Expertise: How Montrose Can Assist You

Navigating the complexities of regulations and air quality compliance can be daunting.

• Data Analysis: We can help you understand which data are pertinent to your operations and where you may need to improve.
• Monitoring Solutions: Our air quality monitoring solutions, including fenceline and real-time technology such as Sensible EDP, and mobile monitoring with our PTR Van, are tailored to meet your operational needs and mitigate risk.
• Compliance and Reporting: Allow us to assist in your reporting processes to ensure accuracy and provide peace of mind.
• Permitting Services: We work to ensure your air emissions permits represent your facility appropriately, reducing the likelihood of overestimations or misrepresentation.
• Community Outreach: Engage your local community effectively with our guidance, helping to foster a supportive network around your operations.

Make Proactive Planning Your Competitive Advantage

In today’s landscape, where the intersection of industrial operations and community relations is more pronounced than ever, facility operators must be ahead of the curve. It takes more than compliance to avoid the risk of litigation; true risk management takes a proactive approach and should be done before a lawsuit is present. By understanding the risks and taking proactive steps to manage your emissions and engage with your community, you position your facility for resilience, regardless of the potential challenges that lie ahead. Remember, an ounce of prevention is worth a pound of cure—particularly when it comes to protecting your business against litigation.

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