EPA Criminal Enforcement on the Rise

Preparing for and Responding to Environmental Investigations

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 10, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance for environmental counsel on preparing for and responding to environmental criminal investigations. The panel will discuss areas the EPA is currently targeting for criminal enforcement and offer best practices for conducting internal investigations and developing defense approaches.


Criminal enforcement of environmental laws is a high priority for the EPA. In its 2011-2015 strategic plan, the EPA outlined its plan to increase the number of criminal investigations and impose stiffer criminal penalties for violations of environmental laws.

Companies must increase their vigilance in identifying and remedying areas with the potential for criminal liability. Counsel should also prepare to immediately implement an effective defense in the event of an EPA criminal investigation.

Listen as our authoritative panel provides approaches for responding to EPA criminal investigations. The panel will discuss the areas currently targeted for criminal enforcement by the EPA and will explain best practices for conducting internal investigations, preserving privileges, and developing a defense.



  1. EPA's current enforcement agenda—areas targeted for criminal enforcement
  2. Preparing for criminal investigations
    1. Determining who is being investigated—corporation, individual or both?
    2. Determining scope of investigation
    3. Deciding who will be interviewed
    4. Conducting internal investigations and implementing corrective action
  3. Responding to criminal investigations
    1. Upjohn warnings
    2. Indemnifications/joint defense agreements
    3. Identifying and preserving documents/evidence
    4. Preserving privileges
    5. Communicating voluntary disclosures to government
  4. Developing defense strategies
    1. Lack of mens rea
    2. Regulatory or statutory exemptions
    3. Challenging experts, including Daubert challenges


The panel will review these and other key questions:

  • What types of allegations or concerns typically trigger an EPA criminal investigation?
  • What privileges are implicated in environmental criminal investigations? How can companies and individuals avoid compromising legal protections?
  • What should environmental counsel consider when advising clients whether and when to make voluntary disclosures to the government?
  • What defense approaches may be most effective for prevailing in an environmental criminal enforcement action?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Anthony L. Cochran
Anthony L. Cochran

Chilivis Cochran Larkins & Bever

During his 33 years of practice, he has represented many individuals and businesses on a wide variety of matters. He...  |  Read More

Leah J. Knowlton
Leah J. Knowlton

Miller & Martin

She is Chair of the Environmental Practice Group of Miller & Martin, and has defended clients in civil and criminal...  |  Read More

Gregory F. Linsin
Gregory F. Linsin

Blank Rome

Mr. Linsin is an experienced criminal litigator concentrating his practice in the areas of white collar criminal law,...  |  Read More

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