Imagine that you are environmental, health and safety (EHS) counsel or general counsel for a company dealing with a natural disaster. The company’s facilities are only partially functional, employees have lost their homes, and business unit functionality has been severely disrupted. You find yourself managing the myriad demands of the federal, state and local environmental agencies, the company’s employees and the public. Amidst all this, the media reports that a criminal investigation is forthcoming due to the company’s alleged failure to adequately prepare for the event. What could you have done to better prepare for disaster?

This is not just a hypothetical. Each year, businesses in every sector are impacted by any number of floods, tornadoes, forest fires, hurricanes, earthquakes and other geologic phenomena—frequently resulting in significant civil and criminal litigation. According to the Pennsylvania Emergency Management Agency, flooding is the most frequent and damaging natural disaster impacting the commonwealth. Many of Pennsylvania’s communities are located adjacent to waterbodies. This vulnerable placement is due, in part, to the commonwealth’s historic reliance on waterways for commerce and as an energy source for industry. Many low-lying areas were also developed prior to the identification of floodplains. As a result, business and industry, private property, and infrastructure such as public utilities, bridges and railways are all at risk of sustaining flood-related damage and loss.