Environmental Compliance and Internal Audits
Coming Clean Under Environmental Regulations and Mitigating EPA and State Penalties
Recording of a 90-minute CLE webinar with Q&A
Outline
- Recent developments in enforcement policies
- EPA’s self-disclosure policy
- EPA incentives under the Audit Policy
- State self-disclosure policies and legislation
- Environmental auditing programs
- Understanding federal and state policies relating to environmental audits before conducting an audit
- Designing an audit program
- Implementation of an audit program
- Identifying privileges and protections in environmental audits
- Maintaining privileges and protections in environmental audits
- Determining whether to participate in compliance incentive program and meeting conditions to take advantage of incentives
- Strategies for responding to enforcement actions
- Civil v. criminal actions
- Administrative strategies and settlements
- Negotiating penalties
- 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?
Faculty
Thomas J. P. McHenry
Partner
Gibson Dunn & Crutcher
He practices general environmental law with an emphasis on air quality, hazardous waste, environmental diligence, land... | Read More
He practices general environmental law with an emphasis on air quality, hazardous waste, environmental diligence, land use and energy issues.
CloseBlake A. Biles
Partner
Arnold & Porter
He has over 30 years experience as an environmental attorney and provides services concerning counseling, compliance... | Read More
He has over 30 years experience as an environmental attorney and provides services concerning counseling, compliance audits, transactions, rulemakings, and enforcement and appellate litigation. He has particular expertise in matters involving the regulation of, and potential liabilities associated with, chemicals and other commercial products, including hazard and risk evaluations.
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David H. Quigley
Partner
Akin Gump Strauss Hauer & Feld
Mr. Quigley advises lenders, sellers and buyers on evaluating the environmental liabilities associated with commercial,... | Read More
Mr. Quigley advises lenders, sellers and buyers on evaluating the environmental liabilities associated with commercial, multifamily and industrial transactions. He develops solutions that are cost-effective and realistic for clients (whether lenders, buyers or sellers) relative to the value of the property or portfolio. Mr. Quigley solves problems so that clients can cost-effectively and beneficially use their assets. He has established a strong profile in this space, having developed an environmental due diligence model for use in the foreclosure of commercial properties. Mr. Quigley works closely with clients and other firm practitioners to anticipate changes to the environmental regulatory landscape and assists clients in complying with those changes. He manages the defense of enforcement actions, having done so most recently in the Clean Air Act and Toxic Substances Control Act contexts. Mr. Quigley also resolves, through mutually agreeable settlements where possible and litigation where necessary, Comprehensive Environmental Response, Compensation and Liability Act cost recovery and allocation suits
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