EPA Criminal Enforcement on the Rise
Preparing for and Responding to Environmental Investigations
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- EPA's current enforcement agenda—areas targeted for criminal enforcement
- Preparing for criminal investigations
- Determining who is being investigated—corporation, individual or both?
- Determining scope of investigation
- Deciding who will be interviewed
- Conducting internal investigations and implementing corrective action
- Responding to criminal investigations
- Upjohn warnings
- Indemnifications/joint defense agreements
- Identifying and preserving documents/evidence
- Preserving privileges
- Communicating voluntary disclosures to government
- Developing defense strategies
- Lack of mens rea
- Regulatory or statutory exemptions
- Challenging experts, including Daubert challenges
Benefits
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.
Faculty
Anthony L. Cochran
Partner
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
During his 33 years of practice, he has represented many individuals and businesses on a wide variety of matters. He has tried dozens of jury trials in many areas of the law (civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before federal and state agencies and boards), and medical peer review hearings at hospitals.
CloseLeah J. Knowlton
Member
Miller & Martin
She is Chair of the Environmental Practice Group of Miller & Martin, and has defended clients in civil and criminal... | Read More
She is Chair of the Environmental Practice Group of Miller & Martin, and has defended clients in civil and criminal environmental litigation, and counseled clients on environmental regulatory matters for 25 years. She represents plaintiffs and defendants in litigation concerning wetlands, chemical contamination, discharges to water bodies, air permit exceedance, and other environmental violations. She develops and implements corporate environmental compliance programs and negotiates environmental contracts and remediation plans
CloseGregory F. Linsin
Partner
Blank Rome
Mr. Linsin is an experienced criminal litigator concentrating his practice in the areas of white collar criminal law,... | Read More
Mr. Linsin is an experienced criminal litigator concentrating his practice in the areas of white collar criminal law, environmental criminal litigation, environmental compliance, and internal corporate compliance investigations. Prior to joining the firm, he served for more than 25 years with the United States Department of Justice including 17 years with the Environmental Crimes Section.
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