Todd S. Mikolop

Todd advises companies and executives nationwide when environmental, regulatory, or enforcement issues suddenly place operations, leadership, or reputation under scrutiny, and early decisions carry outsized risk. He is frequently consulted at the earliest stages of a matter, when facts are still emerging and choices made in the first days can shape the trajectory of an investigation or enforcement action. Drawing on his experience as a former US Department of Justice environmental crimes prosecutor, US Coast Guard judge advocate, and more than a decade in private practice, Todd helps clients assess risk, develop practical strategies, and anticipate how government agencies are likely to approach a matter.

Clients turn to Todd—a member of Hunton’s team designated Environmental Group of the Year by Law360 13 times since 2011—when allegations of wrongdoing arise, regulators request information or begin asking questions, or an accident, compliance issue, or permitting challenge threatens to escalate. He regularly conducts internal investigations and defends administrative, civil judicial, and criminal enforcement actions involving alleged violations of federal law. In parallel, Todd counsels clients on compliance strategies, federal permitting and project development issues, compliance with existing natural resource permits, and responses to industrial accidents and worker fatality investigations.

Todd’s government experience shapes his approach to advising clients under scrutiny. As a former federal prosecutor, he led investigations and prosecutions of complex environmental cases involving water and air pollution, hazardous waste, wildlife offenses, and related white collar crimes, including conspiracy, false statements, obstruction, money laundering, and smuggling. That experience allows him to help clients understand how regulators are likely to frame an issue, potentially avoid early missteps that can expand exposure, and make informed decisions about posture, timing, and engagement with the government. He develops tailored, situation-specific solutions that balance legal risk with operational and business realities.

Todd advises clients across a range of regulated industries, including oil and gas, manufacturing, agriculture, public utilities, automotive parts, maritime and shipping, railroads, and food distribution. He has worked extensively with federal agencies such as the US Department of Justice, US Environmental Protection Agency, US Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Army Corps of Engineers, US Coast Guard, US Maritime Administration, and US Department of the Interior, as well as with state regulatory counterparts.

Enforcement Defense and Litigation

• Represents a national public company in response to a Clean Water Act (CWA) concentrated animal feeding operations enforcement action by US EPA and US DOJ.
• Represents a home builder in US EPA and state enforcement actions related to stormwater management.
• Represented 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, resulting in US DOJ declining to prosecute.
• Represents a Class I railroad in civil penalty enforcement actions brought by the US Coast Guard for alleged violations of bridge operating regulations.
• Represented a large private landowner in response to a US EPA investigation into compliance with permitting requirements for dredging and filling wetlands.
• Represents numerous manufacturers, wholesalers, and repair shops in US EPA and US DOJ investigations into the sale of aftermarket automobile parts, defeat devices, and tampering through tuning and deleting emissions components.
• Represented the owner of a heavy duty diesel engine repair shop in a criminal investigation and prosecution by US EPA and US DOJ, resulting in full dismissal with prejudice of all charges.
• Represents the defendant in two private lawsuits stemming from a spill of polychlorinated biphenyls (PCBs).
• Represented the manufacturer of coating products in a US EPA and US DOJ criminal investigation into compliance with federal pesticide laws and regulations, resulting in US DOJ declining to prosecute.
• Represented a fish wholesaler in a NOAA and US DOJ criminal investigation into compliance with federal recordkeeping laws and regulations, resulting in US DOJ declining to prosecute.
• 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, resulting in US DOJ declining to prosecute.
• Represented a large pipeline company in response to US EPA and US DOJ criminal investigation of environmental compliance during pipeline construction, resulting in US DOJ declining to prosecute.
• Advised a national home builder in response to a US Fish & Wildlife Service and US DOJ investigation of the alleged harassment of a nesting pair of bald eagles, resulting in US DOJ declining to prosecute.
• Represented a foreign heavy equipment manufacturer in connection with a US 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.

Incident Response

• Advised a national oil-filled electrical equipment service provider on response to and remediation of spill of PCBs.
• Advised electric utility on issues associated with the US Coast Guard response and investigation of a transformer fire that resulted in a discharge to a navigable water.
• Advised a midstream oil and gas operator in response to a pipeline failure and subsequent release.

Internal Investigations

• Conducted internal investigation related to storage and disposal of hazardous waste at a food manufacturing facility, including managing document collection and review, leading employee interviews, drafting investigation report, and briefing and advising senior leadership.
• Conducted internal investigation related to the discharge of industrial wastewater from a chemical manufacturing facility, including managing document collection and review, leading employee interviews, drafting investigation report, and briefing and advising senior leadership.
• Conducted internal investigation related to employee allegations of safety concerns and potential falsification of inspection records associated with pipeline construction project. including managing document collection and review, leading employee interviews at multiple facilities in numerous states, drafting investigation report, and briefing and advising senior leadership.

Regulatory Counseling

• Serves as lead counsel to a Class I railroad on US Coast Guard regulatory issues associated with moveable bridges that cross navigable waterways.
• Counsels various companies regulated by the US Coast Guard on issues pertaining to facility security plans, cybersecurity regulations, vessel safety and operating requirements, and facility regulatory requirements.
• Counsels project developers in cargo preference shipping requirements administered by MARAD and associated with federal loans and loan guarantees
• Counseled a North American leader in crude oil and natural gas transportation in the MARAD and US Coast Guard application process to obtain a license to construct an offshore deepwater port dedicated to exporting oil.
• 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 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.

• Recipient, Environment and Natural Resources Division Special Achievement Award, 2009, 2011, 2014
• 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
• Recipient, EOUSA Director’s Award for Superior Performance as a SAUSA, 2007