Environmental and Safety Compliance and Investigations
Overview
Investigations involving environmental and safety issues can take many forms: civil investigations by state or federal regulators, internal investigations triggered by whistleblowers, compliance audit results, or a threatened private party citizen suit, criminal investigations by government enforcement authorities, and a combination of all three in response to an industrial facility incident. Environmental and safety compliance requires constant diligence and a robust compliance program and culture; the handling of an investigation must have similar rigor. While most day-to-day compliance can be handled effectively by trained environmental, health, and safety personnel, an investigation requires the additional layer of experienced legal counsel to navigate the complex elements of conducting a thorough investigation, communicating with government enforcement (including timing and substance of disclosures), and developing appropriate corrective actions.
Insights
Event | 10.24.24
Increasingly more jurisdictions are imposing regulatory requirements on product materials and product sourcing, which increases and complicates the compliance pathway for many companies. Some jurisdictions are imposing mandatory disclosure and due diligence requirements relating to sustainability, human rights, and responsible sourcing—requirements that have cross-border implications for companies with global supply chains. For example, in 2021, the United States enacted the Uyghur Forced Labor Prevention Act, which is aimed at preventing goods made with forced labor from entering the United States. At the same time, U.S. state and federal governments are imposing material restrictions on products, which are intended to reduce exposure to certain materials, such as Washington State’s Safer Products for Washington law. This law prohibits or limits the use of certain materials in certain products, which can impact product design, sourcing, and availability, as well as disclosures. Jurisdictional differences add yet another layer of complexity, making it vital for companies with global supply chains to understand these different requirements and how they intersect. Attendees will gain a better understanding of the current and future landscape of supply chain due diligence requirements and material restrictions regulations, how these two regulatory schemes interact, and how to navigate compliance with different requirements.
Speaking Engagement | 10.24.24
ABA SEER Fall Conference: “Supply Chain Logistics: How to Keep up With Increasing Regulatory Requirements and Restrictions on Global Supply Chains”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA
Client Alert | 5 min read | 05.31.23
Representative Matters
- Represented a global biotechnology company in an investigation of an EPA enforcement action that alleged violations of the "worker protection standard" (WPS) under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). Successfully settled the matter under very favorable terms.
- Represented a national laboratory in the investigation of the causes of an incident and the related EPA and state environmental authority enforcement and penalties for alleged environmental violations.
- Represented a major automobile manufacturer conducting an internal review of its vehicle lines to assure compliance with U.S. and EU emissions standards following disclosure of Volkswagen's emissions issues.
- Represented a global biotechnology company in a multi-agency investigation resulting from the distribution of an unapproved genetically modified commodity food crop. Obtained quick federal government determination that the product was safe for consumption, thereby avoiding possible recalls, market disruptions and potential commercial liability. Successfully settled resulting enforcement cases
- Represented a large pesticide manufacturer in USEPA and state investigations stemming from reports of widespread adverse effects associated with the client’s product. Successfully settled associated enforcement case.
- Represented a large telecommunications company in a multi-region investigation of the company’s compliance with chemical reporting obligations at several hundred facilities nationwide. Successfully utilized EPA’s Audit Policy to avoid any civil penalties.
- Conducted an internal investigation and risk assessment for a Fortune 100 corporation related to the company's remediation activities.
- Conducted an internal Clean Water Act investigation for a corporation related to historical development activities in wetlands.
- Defended a Clean Water Act criminal investigation and enforcement action against a private wastewater treatment corporation.
- Defended a large natural gas producer in investigating and avoiding threatened Clean Water Act citizen suits related to hydraulic fracturing operations.
Representative Criminal Environmental and Safety Matters
- Defended a major construction company on felony charges, obtaining an acquittal following a month-long jury trial involving Clean Air Act and related allegations.
- Defended several mining companies in high-profile investigations of alleged criminal violations of the Mine Safety Act, including conducting the necessary internal investigations, managing subpoena responses and document productions, and defending the companies during resulting congressional inquiries and hearings and grand jury proceedings.
- Represented a barge hauler that carried scrap metal on the Mississippi River, and a chemicals manufacturer in Louisiana, in grand jury Clean Water Act investigations of a joint venture engaged in dam construction on the Ohio River.
- Defended a Texas oil refinery in a federal grand jury investigation involving allegations of Clean Air Act violations.
- Defended an asbestos remediation company and its chief executive on federal charges of defrauding EPA and the Occupational Safety and Health Administration (OSHA) in their licensure, oversight, and enforcement functions.
- Defended several individuals in a three-week jury trial alleging criminal violations of the Lacey Act in connection with the importation and distribution of mislabeled seafood.
- Defended an owner of a wholesale seafood company in a five-week jury trial concerning allegations of illegally harvested striped bass under the Lacey Act.
Insights
Event | 10.24.24
Increasingly more jurisdictions are imposing regulatory requirements on product materials and product sourcing, which increases and complicates the compliance pathway for many companies. Some jurisdictions are imposing mandatory disclosure and due diligence requirements relating to sustainability, human rights, and responsible sourcing—requirements that have cross-border implications for companies with global supply chains. For example, in 2021, the United States enacted the Uyghur Forced Labor Prevention Act, which is aimed at preventing goods made with forced labor from entering the United States. At the same time, U.S. state and federal governments are imposing material restrictions on products, which are intended to reduce exposure to certain materials, such as Washington State’s Safer Products for Washington law. This law prohibits or limits the use of certain materials in certain products, which can impact product design, sourcing, and availability, as well as disclosures. Jurisdictional differences add yet another layer of complexity, making it vital for companies with global supply chains to understand these different requirements and how they intersect. Attendees will gain a better understanding of the current and future landscape of supply chain due diligence requirements and material restrictions regulations, how these two regulatory schemes interact, and how to navigate compliance with different requirements.
Speaking Engagement | 10.24.24
ABA SEER Fall Conference: “Supply Chain Logistics: How to Keep up With Increasing Regulatory Requirements and Restrictions on Global Supply Chains”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA
Client Alert | 5 min read | 05.31.23
Insights
Speaking Engagement | 10.24.24
50 Years On, It's Time to Do Some Serious Thinking About the Clean Air Act
|01.01.22
EM Plus Magazine, Air & Waste Management Association
TSCA Active Substance Reporting: Advice for Importers and Manufacturers
|09.01.17
Chemical Watch
Environmental Law Handbook
|01.01.17
(23d ed.), Bernan Press
Opportunity for TSCA Reform in the 112th US Congress
|12.01.10
Chemical Watch
Pesticide Regulation Handbook
|01.01.07
4th Edition
China's Regulation of Agricultural Biotechnology
|12.01.06
Metropolitan Corporate Counsel
The TSCA Handbook
|01.01.06
4th Edition, Government Institutes
ABA SEER Fall Conference: “Supply Chain Logistics: How to Keep up With Increasing Regulatory Requirements and Restrictions on Global Supply Chains”
|10.24.24
Biden’s Environmental Justice Push and Its Impact on Retailers’ ESG Considerations
|05.26.21
Crowell & Moring’s Retail & Consumer Products Law Observer
Professionals
Insights
Event | 10.24.24
Increasingly more jurisdictions are imposing regulatory requirements on product materials and product sourcing, which increases and complicates the compliance pathway for many companies. Some jurisdictions are imposing mandatory disclosure and due diligence requirements relating to sustainability, human rights, and responsible sourcing—requirements that have cross-border implications for companies with global supply chains. For example, in 2021, the United States enacted the Uyghur Forced Labor Prevention Act, which is aimed at preventing goods made with forced labor from entering the United States. At the same time, U.S. state and federal governments are imposing material restrictions on products, which are intended to reduce exposure to certain materials, such as Washington State’s Safer Products for Washington law. This law prohibits or limits the use of certain materials in certain products, which can impact product design, sourcing, and availability, as well as disclosures. Jurisdictional differences add yet another layer of complexity, making it vital for companies with global supply chains to understand these different requirements and how they intersect. Attendees will gain a better understanding of the current and future landscape of supply chain due diligence requirements and material restrictions regulations, how these two regulatory schemes interact, and how to navigate compliance with different requirements.
Speaking Engagement | 10.24.24
ABA SEER Fall Conference: “Supply Chain Logistics: How to Keep up With Increasing Regulatory Requirements and Restrictions on Global Supply Chains”
Client Alert | 6 min read | 08.20.24
EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA
Client Alert | 5 min read | 05.31.23
