In part 1 (Unannounced Visits From Environmental Regulators, Part 1: Planning Ahead With an REIIP; February 2012) of this two-part series, we discussed how facility directors and managers can plan ahead for unannounced visits by environmental regulators. If you read that article and followed its recommendations, you have already contacted counsel and developed a regulatory inspection and investigation policy (REIIP). Having developed and implemented the REIIP, you and your employees are now prepared to protect your legal rights if you are contacted by a federal agent about testifying before a grand jury or receive a federal grand jury subpoena. For those who may have gotten a bit of a late start on your REIIP, this article will help.
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