Advice for EPA Going Forward


Your author has invited four former colleagues, all very senior environmental-law attorneys with enforcement experience, each to contribute a short paper of advice for EPA going forward. In the revised edition of the book published in August 2020, these papers are collected in a new, final chapter entitled “Afterword for EPA Going Forward.” Each contributor worked with your author at one time or another as an agency fellow employee. Your author has not thought it fitting to revise or edit their writings, and each paper stands on its own. The views expressed in each paper are the views of its author and are not approved, endorsed, or authorized by the U.S. Environmental Protection Agency. Beyond authorizing use in this book, each contributing author owns the copyright and reserves all rights in his paper that follows.

These former EPA officials bring their collected weight and wisdom that should be very helpful when the time comes to pick up the pieces, to put EPA back together again, and to rise to the challenge of preventing climate chaos. To introduce these experts, in alphabetical order here for each is the title of his contribution, a short biography, and his contact information:

Federal Enforcement of Environmental Laws

by Bertram C. Frey

Bertram C. Frey served over 42 years in Chicago with the Office of Regional Counsel for EPA’s Region 5. He led the office for over eight years and for over 30 years served as second-in-command. In those capacities, he reviewed all enforcement (and defensive) cases brought by (and against) the Region under all the federal laws that EPA administers in six Great Lakes states. At its peak, the office housed over 115 attorneys and each year handled over 1,500 cases and matters. He retired in May 2019. He has published numerous articles on environmental-law topics. He may be contacted at

Environmental Champions Are Needed to Help Government Environmental Enforcers

by Charlie Garlow

Charlie Garlow served nearly three decades as an attorney in the Air Enforcement Division in EPA headquarters. He collaborated with EPA’s Region 5 in Chicago, working the air-toxics and ozone-depletion portfolios. Also as citizen-suit liaison, he cooperated with private lawyers working with government lawyers to ensure environmental justice. A graduate of Harvard University and West Virginia Law School, Garlow now serves on the Board of the Chesapeake Legal Alliance that takes citizens’ environmental cases on a pro bono basis. He may be contacted at

Priming the EPA Pump: Towards A Restoration of Federal Pollution-Control Regulation and Enforcement

by Joel A. Mintz

Joel A. Mintz is a Professor of Law Emeritus and the C. William Trout Senior Fellow in Public Interest Law at Nova Southeastern University  College of Law where he taught Environmental Law and related courses for 36 years. Professor Mintz earned a B.A. from Columbia University, a J.D. from NYU Law School, and LL.M. and J.S.D. degrees from Columbia Law School. In the late 1970s and early 1980s, he served as a chief attorney in the EPA’s Region 5 in Chicago and as a Senior Litigation Attorney in EPA headquarters. Mintz is the author or co-author of 12 books and numerous book chapters and articles in law journals and media outlets. He may be contacted at

Cleaning Up EPA: Strengthening Science and Oversight in Environmental Decision-Making

by Tim Whitehouse

Tim Whitehouse is executive director of Public Employees for Environmental Responsibility (“PEER”), a nonprofit group that defends environmental whistleblowers, shines the light on improper or illegal government actions, and works to improve environmental laws and regulations. A graduate of Emory University School of Law, he has more than 25 years of experience working on a wide range of environmental issues with governments, businesses, nonprofit organizations and community groups. Tim was a senior attorney at the United States Environmental Protection Agency for ten years. He may be contacted at

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