Negotiating Consent Decrees for Environmental Violations
Mission-Critical Strategies for Negotiating, Modifying and Managing Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide lawyers negotiating consent decrees for violations of environmental regulations. Our panel will offer violation-specific best practices, and present fellow practitioners with mission-critical pointers on navigating the long and arduous process of negotiating and entering a consent decree after a notice of violation. The panel will also address how to avoid missteps in negotiating modifications of consent decrees after entry.
- Overview of consent decrees
- Violation-specific considerations
- Available defenses
- Enforcement actions
- Citizen suits
- Potential strategic advantages
- Modifying consent decrees
- Change of circumstances
- Change of law
- Force majeure
The panel will review these and other critical issues:
- How can counsel leverage available defenses to gain better long-range footing when negotiating consent decrees?
- What adjustments should counsel make to accommodate apparent differences in enforcement priorities under the current administration?
- What steps can counsel take to manage changes in personnel, law and circumstances during the negotiation process?
Douglas J. Chermak
Lozeau | Drury
Mr. Chermak practice concentrates on environmental law, with a focus on water quality and the Clean Water Act. Prior to... | Read More
Mr. Chermak practice concentrates on environmental law, with a focus on water quality and the Clean Water Act. Prior to joining his firm, he practiced plaintiff’s side civil rights and employment litigation.Close
Kevin T. Haroff
Mr. Haroff is a highly regarded litigator with significant expertise and experience in complex environmental matters.... | Read More
Mr. Haroff is a highly regarded litigator with significant expertise and experience in complex environmental matters. He has presented at numerous business, law, and policy conferences in throughout the United States and abroad. He has represented clients on matters under the federal Superfund law, the Clean Water and Clean Air Acts, California’s Proposition 65, and other federal and state environmental statutes. He has handled a range of regulatory disputes involving the U.S. Environmental Protection Agency, the California Air Resources Board, the California State Water Resources Control Board, and the California Department of Toxic Substances Control.Close
Maribel N. Nicholson-Choice
With 20+ years of experience negotiating and resolving complex environmental regulatory, permitting, and litigation... | Read More
With 20+ years of experience negotiating and resolving complex environmental regulatory, permitting, and litigation matters, Ms. Nicholson-Choice advises lending institutions on environmental liability, including permitting and remediation projects associated with collateral property subject to foreclosure proceedings. She counsels regulated clients on complex litigation matters. Her practice includes counseling and litigation on environmental aspects in real estate transactions, commercial foreclosure proceedings, bankruptcy cases, environmental investigations, remediation projects, brownfields development, and evaluating risks and costs associated with potential environmental cleanup and third-party liability, as well as on regulatory and permitting technical aspects of complex contamination remediation projects.Close