Negotiating Settlements and Penalties Stemming From Environmental Audits
Leveraging Self-Audits to Reduce Enforcement Risks and Minimize Penalties
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel negotiating settlements and penalties stemming from environmental self-audits. The panel will discuss commonly negotiated terms and immunity opportunities, as well as leveraging the result of a self-audit in negotiations.
- Consent agreement
- Commonly negotiated issues
- Financial responsibility
- Termination release/covenants
- Best practices for negotiations
The panel will review these and other key issues:
- What factors should companies and their counsel consider when determining whether to seek settlement of an enforcement action stemming from an environmental audit?
- What are the challenges and pitfalls for negotiating settlements and penalties with the EPA?
- How can companies leverage the results of an audit in settlement negotiations?
Thomas J. P. McHenry
Gibson Dunn & Crutcher
Mr. McHenry practices general environmental law with an emphasis on air quality, hazardous waste, environmental... | Read More
Mr. McHenry practices general environmental law with an emphasis on air quality, hazardous waste, environmental diligence, land use and energy issues. He represents clients in negotiations with state and federal environmental agencies including air quality management districts, regional water quality control boards, the Department of Toxic Substances Control and the California and U.S. EPAs in the context of air quality, soil and groundwater cleanup, the California Environmental Quality Act, facility siting, permitting and other environmental and natural resources issues. Mr. McHenry is a Visiting Associate Professor of Government at Claremont McKenna College where he teaches environmental law and policy.Close
Alston & Bird
Mr. Pasfield is an experienced trial attorney whose practice focuses on environmental and business litigation. Clients... | Read More
Mr. Pasfield is an experienced trial attorney whose practice focuses on environmental and business litigation. Clients rely on his nearly 30 years of experience to advise them on their most complex and pressing environmental matters. He also represents clients in challenges to agency rulemaking and regularly assists companies in developing compliance programs that meet both corporate governance and government standards. Mr. Pasfield is past Chair of the Environmental Enforcement and Crimes Committee of the Environment, Energy, and Resources Section of the ABA and a former prosecutor with the DOJ’s Environment and Natural Resources Division.Close
Andrew R. Stewart
Vinson & Elkins
Drawing upon his experience as a senior manager at the U.S. EPA and nearly 20 years in environmental law, Mr. Stewart... | Read More
Drawing upon his experience as a senior manager at the U.S. EPA and nearly 20 years in environmental law, Mr. Stewart counsels clients on a broad range of compliance and enforcement matters. His work includes assisting clients on federal and state permitting requirements, counseling on other critical environmental obligations, and defense of government enforcement and citizen suit actions. Mr. Stewart has also counseled regarding environmental risks and obligations in connection with major transactions. He frequently speaks on environmental issues and regulatory developments affecting the energy sector, key government initiatives, and environmental auditing and risk management.Close