Criminal Enforcement of Environmental Laws
Why Attend?
Featuring keynote addresses by Cynthia Giles, Assistant Administrator of the Office of Enforcement and Compliance Assurance at the U.S. Environmental Protection Agency; and Jean Williams, Acting Deputy Assistant Attorney General, Environment and Natural Resources Division at the U.S. Department of Justice!
This one-day annual course of study provides the only comprehensive discussion of environmental crimes in the country. It is not just for lawyers whose clients have been stung – who are involved in real or potential exposure to criminal sanctions. It is also for lawyers whose clients are in the hive – whose very businesses necessarily involve environmental issues, whether because they are manufacturers; because they hold or develop real estate; or because their businesses involve the use, transportation, or storage of material that can give rise to environmental liability.
What You Will Learn
The course does more than just talk about developments in enforcement policy and practice. The faculty includes both government attorneys and private practitioners, nearly all of whom have prosecutorial experience. They analyze how cases are brought and offer insights on how you, whether you are in a firm or a corporate legal department, can best serve your clients at various stages of proceedings, from internal investigation to trial to post-trial. The course helps lawyers better respond to environmental criminal investigations and prosecutions; communicate with their clients, including corporate officers and the board of directors; and negotiate and resolve matters with the government.
In four panel discussions, representatives from the U.S. EPA, the Environmental Crimes Section at the U.S. Department of Justice, and private sectors talk about current developments in criminal enforcement of environmental laws, including:
Dealing with a Criminal Case in the Midst of an Environmental Crisis
What's New in the Internal Investigation World
Trial of the Environmental Crimes Case
New Cases, Familiar Faces
Planning Chairs
Judson W. Starr, Venable LLP, Washington, D.C.
Joseph G. Block, Venable LLP, Washington, D.C.
Faculty
KEYNOTE SPEAKERS
Cynthia J. Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, Washington, D.C.
Jean Williams, Acting Deputy Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
FROM THE GOVERNMENT
Fred Burnside, Director, Office of Criminal Enforcement, Forensics and Training, U.S. Environmental Protection Agency, Washington, D.C.
Andrew D. Goldsmith, National Criminal Discovery Coordinator, Executive Office for U.S. Attorneys, Department of Justice, Washington, D.C.
Deborah Harris, Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Stacey H. Mitchell, Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Richard A. Pelletier, Debarring Official, Suspension and Debarment Program, U.S. Environmental Protection Agency, Washington, D.C.
Joseph Poux, Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. (invited)
Jennifer Whitfield, Senior Trial Attorney, Environmental Crimes Section, Environment and Natural Resources Divisions, U.S. Department of Justice, Washington, D.C.
PRIVATE PRACTITIONERS
David T. Buente, Jr., Sidley Austin LLP, Washington, D.C.
Donald A. Carr, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.
Charles A. DeMonaco, Fox Rothschild LLP, Pittsburgh
W. Warren Hamel, Venable LLP, Baltimore
Thomas J. Kelly, Jr., Venable LLP, Washington, D.C.
David S. Krakoff, BuckleySandler LLP, Washington, D.C.
Gregory F. Linsin, Blank Rome LLP, Washington, D.C.; former Special Litigation Counsel, Environmental Crimes Section, U.S. Department of Justice
Bruce Pasfield, Alston & Bird LLP, Washington, D.C.
Ronald A. Sarachan, Ballard Spahr Andrews & Ingersoll LLP, Philadelphia
Steven P. Solow, Katten Muchin Rosenman LLP, Washington, D.C.
Ronald J. Tenpas, Morgan, Lewis and Bockius LLP, Washington, D.C.; former Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study
Program Schedule
THURSDAY, SEPTEMBER 23, 2010
7:45 a.m. Registration and Continental Breakfast
8:40 a.m. Administrative Remarks - ALI-ABA Staff
WEBCAST SEGMENT A
8:45 a.m. Introductory Remarks and Course Overview - Messrs. Block and Starr
9:00 a.m. Keynote Address - Ms. Williams
9:30 a.m. Dealing with a Criminal Case in the Midst of an Environmental Crisis - Mssrs. Burnside, Kelly, Linsin, and Poux
After Congressional and other investigations, engineering studies, and company pronouncements, how much is left for DOJ to investigate? How do you deal with Congress, blogs, spin doctors, intense media scrutiny, and the plaintiff's bar, and still defend your client? What lessons can be learned from past environmental disasters: the 1989 Exxon Valdez; the 1999 Erika tanker spill off the French Brittany coast and subsequent prosecution of 15 individuals and corporations; and the 2005 BP Texas City refinery explosion
11:00 a.m. Networking and Refreshment Break
11:15 a.m. What's New in the Internal Investigation World? - Ms. Whitfield and Mssrs. Buente, Pasfield, Sarachan, and Solow
What "type" of internal investigation is it? Is the Government already Knocking at the Door, or not? Who's the real client -- the General Counsel? The CEO? The Board of Directors? The Audit Committee?; The new SEC reporting in the environmental case; Cooperation (or not) and the Principles of Federal Prosecution of Business Organizations; Employee corporate Miranda warnings (Upjohn) and indemnifications/joint defense agreements; E-Discovery: Controlling costs and controlling risks in an era of exploding electronic information
12:45 p.m. Lunch Break; End of Webcast Segment A
1:00 p.m. Luncheon and Keynote Address - Ms. Giles [* not webcast or recorded; note change from print brochure]
1:45 p.m. Networking Break
WEBCAST SEGMENT B
2:00 p.m. Trial of the Environmental Crimes Case - Ms. Harris and Mssrs. Goldsmith, Hamel, Krakoff, and Pelletier
Avoiding or narrowing the scope of trial: Will the May 2010 Holder Memorandum make a difference?; Brady and other discovery issues; where is DOJ after the Stevens and WR Grace cases?; Trial strategy in cases involving multiple defendants; Benchmarking the totality of damage when an environmental event affects a large, undefined public; How do court settlements relate to harm to the victims (Crime Victims' Rights Act)?; How does suspension and debarment figure into negotiations and trial strategy?
3:30 p.m. Networking and Refreshment Break
3:45 p.m. New Cases, Familiar Faces - Ms. Mitchell and Mssrs. Carr, DeMonaco, and Tenpas
OSHA and DOJ's Workers Safety Initiative; Expanded coverage of the Lacey Act -- New prosecutions?; Migratory Bird Treaty Act and other "strict liability" statutes -- How absolute is strict liability?; The vessel initiative after 15 plus years; Potential criminal issues in alternative energy laws with new reporting challenges
5:00 p.m. Adjournment
Total 60-minute hours of instruction: 6.5 (*the program is not offering 7.25 hours, as stated in the print brochure, as most states are not awarding credit for the luncheon keynote address)
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“Good course with knowledgeable speakers; good networking opportunity as well.”
”An excellent and informative course!”
“Loved the format. Interesting and lively discussions and presentations.”
“Appreciate that Block/Starr pursued additional information; asked follow up questions; generated further discussion. Great team!”
“Wonderful choice of presenters on the panels.”
“Definitely met the standard and far exceeded it, too.”
“This is one of the first courses I attended where both sides were presented and debated, which is extremely helpful. I also really liked the practical exercise regarding the internal investigation.”
Times
All times Eastern.
