Todd S. Mikolop

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

Clients faced with crisis situations seek out Todd for advice when conducting internal investigations and defending enforcement actions for companies facing allegations of wrong doing or potential violations of federal law. He provides clients with proactive and strategic counseling rooted in his extensive government experience as a federal prosecutor for the US Department of Justice and as a judge advocate with the US Coast Guard. Beyond his enforcement defense 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.

With his depth of experience across a broad range of industries and issues, Todd is well-suited to counsel clients facing a myriad of environmental challenges. In private practice, he leads internal investigations and defends companies across numerous industries, including oil and gas, heavy equipment manufacturing and manufacturing involving the use of pesticides, aftermarket automobile parts, agriculture, public utilities and food wholesalers and retailers. Todd brings insightful and practical guidance to corporate clients facing 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 a spectrum of processes, risks, issues and strategies allows him to develop a tailored solution for his clients to fit any given situation. Todd is admitted to practice before the US Court of Appeals for the Second Circuit and the Massachusetts and District of Columbia courts.

• 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.

• Represents a large private military housing provider in a nationwide US EPA and US DOJ criminal investigation into compliance with asbestos and lead based paint regulations.

• Represents a large private landowner in response to a US EPA investigation into compliance with wetlands permitting requirements.

• Represents numerous manufacturers and wholesalers of aftermarket automobile parts under investigation by the US EPA under its National Compliance Initiative to stop aftermarket defeat devices.

• Represented the manufacturer of coating products in a US EPA and US DOJ criminal investigation into compliance with federal pesticide laws and regulations.
• Represented a fish wholesaler in a NOAA and US DOJ criminal investigation into compliance with federal recordkeeping laws and regulations.
• Represented a major electric utility in a US Coast Guard and US DOJ criminal investigation related to compliance with federal water pollution laws and regulations.
• Represented a large pipeline company in response to US EPA and US DOJ criminal investigation of environmental compliance during pipeline construction.
• Counseled 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.
• Represented 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 a 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.

• Recognized as 2021 Environmental Group of the Year, Law360, January 2022
• 2021 and 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