Criminal Enforcement of Environmental Laws
Why Attend?
• Will fracking (hydraulic fracturing of natural gas) be fertile ground for environmental criminal enforcement? Can 20th Century pollution laws cope with 21st Century technology?
• What has been the record of the Obama Administration on environmental criminal enforcement?
• Is your guitar evidence of an environmental crime? Does the Lacey Act signal a new round of enforcement for international protections of the environment?
This annual advanced one-day 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 lawyers, whether in firms or corporate legal departments, can best serve their 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.
Representatives from the U.S. Environmental Protection Agency, Environmental Crimes Section at the U.S. Department of Justice, National Oceanic and Atmospheric Administration, and private sectors talk about current developments in criminal enforcement of environmental laws, typically including:
• What to do after the EPA shows up in moon suits with a search warrant.
• What to do after EPA and DOJ have rejected the defense proposal of a civil resolution.
• What are the real consequences of conviction for any environmental crime?
• Where will EPA criminal enforcement be putting its resources in the future?
Who Should Attend
Attorneys or other legal professionals who are interested in learning about new developments in the criminal enforcement of environmental laws should attend this one-of-a-kind program.
Planning Chairs
Joseph G. Block, Venable LLP, Washington, D.C. (also on faculty)
Judson W. Starr, Venable LLP, Washington, D.C. (also on faculty)
KEYNOTE SPEAKERS
Cynthia Giles, Assistant Administrator, Office of Enforcment and Compliance Assurance, U.S. Environmental Protection Agency, Washington, D.C.
Ignacia S. Moreno, Assistant Attorney General, Environment and Natural Resources Division, U. S. Department of Justice, Washington, D.C.
Faculty
Additional faculty from both the government and private sectors to be confirmed
FROM THE GOVERNMENT
Thomas T. Ballantine, Counsel, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Michael R. Fisher, Director, Legal Counsel Division, Office of Criminal Enforcement, Forensics and Training, U.S. Environmental Protection Headquarters, Washington, D.C.
Benjamin Friedman, Deputy General Counsel, National Oceanic and Atmospheric Administration, Washington, D.C.
Andrew D. Goldsmith, National Criminal Discovery Coordinator, Office of the Deputy Attorney General, 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, Suspending and Debarring Official, Suspension and Debarment Program, U.S. Environmental Protection Agency, Washington, D.C.
Richard A. Udell, Senior Trial Attorney, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
PRIVATE PRACTITIONERS
David D. Aufhauser, Williams & Connolly LLP, Washington, D.C.
Alex Bourelly, Baker Botts LLP, Washington, D.C.
David T. Buente, Jr., Sidley Austin LLP, Washington, D.C.
Donald A. Carr, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.
Nadira Clarke, Beveridge & Diamond, Washington, D.C.
Charles A. DeMonaco, Fox Rothschild LLP, Pittsburgh
Kevin A. Gaynor, Vinson & Elkins LLP, Washington, D.C.
W. Warren Hamel, Venable LLP, Baltimore, Maryland
G. Douglas Jones, Haskell Slaughter Young & Rediker, LLC, Birmingham
Thomas J. Kelly, Jr., Venable LLP, Washington, D.C.
David S. Krakoff, Buckley Sandler LLP, Washington, D.C.
Ronald A. Sarachan, Drinker Biddle & Reath LLP, Philadelphia
Steven P. Solow, Katten Muchin Rosenman LLP, Washington, D.C.
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Program Schedule
THURSDAY, APRIL 26, 2012
7:45 a.m. Registration and Continental Breakfast
8:25 a.m. Welcome and Announcements - ALI-ABA Staff
Video Webcast Segment A
8:30 a.m. Introductory Remarks and Course Overview - Messrs. Block and Starr
8:45 a.m. Keynote Address - Ms. Giles
9:15 a.m. Finding the Problem: What To Do After the EPA Shows Up in Moon Suits with a Search Warrant-A Joint Perspective from the Prosecution and Defense - Ms. Clarke and Messrs. Fisher, Goldsmith, Jones, and Krakoff (moderator)
The key issues at the outset of an environmental criminal action are addressed, including:
• Learning the science
• Figuring out the traps of RCRA, Clean Water Act, Clean Air Act, etc.
• Joint defense
• Privilege
• Audit committees
• Upjohn redux
• E-discovery
• Whistleblowers
• Grand jury
10:45 a.m. Networking and Refreshment Break
11:00 a.m. Dealing with the Problem: What To Do After EPA and DOJ Have Rejected the Defense Proposal of a Civil Resolution - Messrs. Aufhauser, Ballantine, Bourelly, Kelly, and Sarachan (moderator)
Strategic options involved in a criminal environmental action are considered, including:
• To cooperate/plead or go to trial
• Expert testimony
• Motion practice
• Deferred or non-prosecution agreements
12:30 p.m. Lunch (provided by Venable LLP and ALI-ABA)
1:00 p.m. Keynote Address - Ms. Moreno (not recorded or webcast)
Video Webcast Segment B
1:45 p.m. Fixing the Problem: What Are the Real Consequences of Conviction for Any Environmental Crime? - Messrs. Carr, DeMonaco (moderator), Hamel, Pelletier, and Udell
This panel addresses the possible outcomes, including:
• Sentencing guidelines
• Compliance programs
• Apprendi and Southern Union
• Probation
• Suspension and debarment
• Increased attention from EPA and other regulatory agencies
3:15 p.m. Networking and Refreshment Break
3:30 p.m. Forecasting the Future of Environmental Crimes: Where Will EPA Criminal Enforcement Be Putting Its Resources in the Future? - Ms. Mitchell and Messrs. Buente, Friedman, Gaynor, and Solow (moderator)
Our panel of experts predicts future criminal environmental activity, including:
• Lacey Act
• Fracking (hydraulic fracturing of natural gas)
• MBTA
5:00 p.m. Adjournment
Total 60-minute hours of instruction: Approximately 7.25 hours (Please note: some MCLE states may not give credit for luncheon 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:
An excellent and informative course!
Loved the format. Interesting and lively discussions and presentations.
Good course with knowledgeable speakers; good networking opportunity as well.
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 are Eastern Daylight.
