Clean Air Act
Our white collar and internal investigations experience involving the Clean Air Act (CAA) includes:
- Securing the successful dismissal of an indictment against an in-house counsel accused of orchestrating false reporting of air emissions information.
- Winning acquittal on all Benzene Waste Operations National Emissions Standards for Hazardous Air Pollutants (BWON) claims against a petroleum refinery.
- Winning a reversal on appeal of a criminal judgment against a chemical manufacturing client for alleged BWON violations.
- Representing an automobile technician facing criminal CAA charges relating to allegations of falsifying vehicle emissions arising from a national enforcement initiative titled “Operation Clean Scan,” obtaining a favorable probationary sentence along with a minimal fine.
- Representing a third-party operator in the power industry targeted in a combined state/federal criminal investigation of alleged CAA violations at a contract facility.
Clean Water Act
Our white collar and internal investigations experience involving the Clean Water Act (CWA) includes:
- Securing the first deferred prosecution agreement in an environmental crimes case where federal prosecutors agreed not to criminally charge our client in connection with its operation of two wastewater treatment facilities and reporting requirements under the CWA and instead the client agreed to pay a fine and institute changes in its operation and environmental oversight.
- Representing an engineering company and its president in a grand jury investigation of advice rendered to a real estate company regarding dredging and filling of an alleged wetland where the Department of Justice (DOJ) declined prosecution after a lengthy investigation.
- Representing a manufacturing company in connection with a multi-facility federal grand jury investigation of alleged CWA and other violations related to the illegal dumping of hazardous waste, bypassing of a treatment system, illegal waste disposal, and failure to report waste releases.
- Conducting an internal investigation on behalf of a coke manufacturer involving potential noncompliance with certain regulatory requirements under the CWA and CAA.
- Completing an internal investigation into a matter involving the rupture and substantial release from an interstate oil pipeline following which the matter was resolved with a corporate misdemeanor plea and fine with no felony charges filed against the company or its employees.
- Representing a county employee accused of falsifying wastewater reports and indicted for CWA violations, resulting in a favorable plea involving a probationary sentence and a minimal fine.
- Representing a CEO and a food grease recycling company in a CWA investigation, which was resolved with a probation sentence for the executive and a nominal fine for the company.
- Representing an oil and gas manufacturer in connection with a criminal investigation of water discharges from its terminal where the matter was resolved with an administrative consent order and payment of a small penalty following an internal investigation where minor civil CWA violations were identified and information was voluntarily disclosed.
Endangered Species, Wildlife Protection, and Lacey Acts
Our white collar and internal investigations experience involving the Endangered Species Act (ESA), Wildlife Protection Act, and Lacey Act includes:
- Representing a municipality under investigation for alleged violations of the Endangered Species Act (ESA) involving the taking of four tipton kangaroo rats where the DOJ declined criminal prosecution and entered into a civil settlement.
- Defending an international wireless telecommunications company against a criminal enforcement action initiated under the ESA, MBTA and Bald and Golden Eagle Protection Act. Advised the company on possible exposure to liability, counseling company officials through a federal grand jury investigation, and pressing the company’s position to the U.S. Fish and Wildlife Service and DOJ’s Environmental Crimes Division.
- Conducting an assessment of Lacey Act compliance and key risks for a major multinational company and auditing thereafter roughly eighty suppliers of wood-based products.
Hazardous Wastes/Resource Conservation and Recovery Act
Our white collar and internal investigations experience involving the Hazardous Wastes/Resource Conservation and Recovery Act (RCRA) includes:
- Securing a declination on behalf of an official with a manufacturing company under investigation for hazardous waste disposal violations where the state declined prosecution following a full investigation.
- Representing an owner of a real estate development company under criminal investigation for alleged violations arising from abandonment and demolition activities that caused a substantial release of pollutants into a river where a declination was secured.
- Conducting an internal investigation for a major energy company facing allegations relating to RCRA violations at an experimental reactor laboratory station where the company was able to avoid criminal charges as well as all civil fines and penalties.
- Representing an oil company in a criminal investigation into a pipeline release.
- Representing a major chemical company in connection with a criminal investigation regarding potential violations of the RCRA.