Negotiating Consent Decrees for Environmental Violations: Critical Strategies for Modifying and Managing Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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 LLP & Super Law Group
Mr. Chermak is a graduate of the University of California Berkeley School of Law with a certificate in Environmental... | Read More
Mr. Chermak is a graduate of the University of California Berkeley School of Law with a certificate in Environmental Law and holds a Bachelor of Science degree in Chemistry from the University of Florida. He has practiced environmental law since 2007, with a focus on water quality and the Clean Water Act. Doug is former partner with Lozeau Drury LLP, a plaintiff’s side environmental law firm in Oakland, CA. His practice areas included the Clean Water Act, California Environmental Quality Act, and Proposition 65. His clients included non-profit organizations, labor unions, community groups, and citizens. Doug practiced plaintiff’s side civil rights and employment litigation with the Law Offices of Michael S. Sorgen in San Francisco, CA.Close
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
Michael S. McDonough
Pillsbury Winthrop Shaw Pittman
Mr. McDonough focuses on defending enforcement actions, bringing regulatory challenges, and litigating with regulatory... | Read More
Mr. McDonough focuses on defending enforcement actions, bringing regulatory challenges, and litigating with regulatory agencies, including the EPA, the DOJ, and the California ARB, among others. He represents companies from a variety of industries, including energy production and importing, petroleum refining, freight transportation, consumer products, chemical manufacturing, and electronics manufacturing.Close