Capabilities
White Collar Defense

Environmental

Most environmental statutes contain criminal sanctions, and corporations and individuals can be subject to criminal prosecution not only for contributing to pollution and other environmental hazards, but also for failing to report those hazards. Our environmental defense team has a wealth of experience in every aspect of federal and state, criminal and civil enforcement cases. This includes conducting internal investigations, responding to grand jury subpoenas and search warrants, negotiating with prosecutors and investigators, and where necessary, defending our clients at trial. We have represented companies in matters involving as the Clean Water Act, the Toxic Substances Control Act (TSCA), the Clean Air Act, the Oil Pollution Act, and the Clean Water Act. We are experienced in evaluating the risks and benefits of voluntary cooperation and disclosure, as well as in counseling companies on how to improve their environmental compliance programs. For example, we were retained by a large industrial company to undertake a review of their environmental management and compliance systems and to advise it on steps that could be undertaken to reduce the likelihood of future government enforcement actions.

Experience:

  • Lead environmental counsel for BP in federal and state multi-year Deepwater Horizon litigations.
  • International agricultural company in connection with a criminal enforcement matter under the Clean Water Act, negotiating an extremely favorable settlement for the company.
  • Large retailer in allegations of environmental law violations arising from underground storage tanks.
  • Led investigation for the first UK Carbon Trading investigation by HMRC with a potential loss of over £2 billion.
  • Major beverage company in criminal investigation involving the Clean Water Act, resolving the matter without charges being brought.
  • Mining company in criminal and civil enforcement action involving the Clean Water Act, resolving the matter without criminal charges against the company or any individual.
  • Agricultural company in California Unfair Business Practice investigation brought by law enforcement, negotiating a very favorable settlement for the company.
  • Construction company in environmental exposure litigation and government investigation.
  • Food company in federal environmental investigation.
  • Mining company in federal environmental investigation.

Perspectives

Blankenship Case Shows Perils Of Post-Crisis Assurances (pdf)

Energy Law360. Also ran in Employment Law360, Environmental Law360, Product Liability Law360, Securities Law360 and White Collar Law360

Overview

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