Environmental Compliance and Internal Audits

Outline

1. Recent developments in enforcement policies
   1. EPA’s self-disclosure policy
   2. EPA incentives under the Audit Policy
   3. State self-disclosure policies and legislation
2. Environmental auditing programs
   1. Understanding federal and state policies relating to environmental audits before conducting an audit
   2. Designing an audit program
   3. Implementation of an audit program
   4. Identifying privileges and protections in environmental audits
   5. Maintaining privileges and protections in environmental audits
   6. Determining whether to participate in compliance incentive program and meeting conditions to take advantage of incentives
3. Strategies for responding to enforcement actions
   1. Civil v. criminal actions
   2. Administrative strategies and settlements
   3. Negotiating penalties
   4. Developing supplemental environmental projects

Benefits

The panel reviewed these and other key questions: 

• What are the recent developments in federal and state environmental enforcement policies?
• How can companies and counsel use environmental audits to improve compliance and soften the impact of a government enforcement action?
• What are the best practices for counsel to advise clients or their companies that are considering utilizing environmental compliance audits?
• What are the expected costs and benefits of internal environmental audits from a legal standpoint?