Environmental Crimes and Investigations

Our lawyers work with highly qualified technical experts to interpret complex scientific and engineering issues in environmental cases and to explain those issues to prosecutors (when requesting a non-prosecution decision), or judges and juries (when the case goes to trial). Our specialized experience includes responding to subpoenas, target letters and other government inquiries, designing and conducting privileged internal investigations, negotiating pre-filing resolutions, and trying cases.

The overlapping laws, regulations and guidance documents used by the U.S. EPA and state environmental agencies to prosecute organizations and individuals can make these cases quite complex. We understand the intricacies of environmental permits, and environmental data, working closely with in-house counsel and executives to articulate the specific objectives of an investigation and keep it on track. We also help companies balance the interests of full and complete cooperation with the protection of individual rights to ensure the provision of accurate information to investigators in stressful and fast-moving situations.

Our experience also includes conducting internal investigations in response to government enforcement actions, whistleblower accusations, and internal corporate inquiries. We have done this during complex parallel proceedings while representing the company and its employees (pursuant to a joint defense agreement), for companies who have hired counsel for individual employees facing potential prosecution, and in many other challenging situations. We have defended against criminal cases in federal and state court, as well as litigated against U.S. attorneys’ offices, the Department of Justice, numerous California district attorneys’ offices, and the California attorney general’s office.

We know that a successful internal investigation requires the early identification of goals, development of an investigative plan with in-house counsel and/or company executives, careful management of the investigation to ensure it stays on track, retention of specialized professionals when necessary, and completing the investigation quickly and cost-effectively. We have investigated alleged environmental crimes, reporting violations, obstruction of justice, financial fraud, and public corruption.

Representative Matters: Environmental Crimes

• Represented a public agency in a federal criminal investigation of alleged violations of the Clean Water Act and reporting laws. No charges were filed.
• Represented a company and its employees in a federal criminal investigation of alleged violations of the Endangered Species Act relating to the importation and sale of listed species. No charges were filed.
• Represented an individual in a federal criminal investigation of alleged violations of Section 404 of the Clean Water Act for unlawful filling in waters of the United States. No charges were filed.
• Represented a company in an action by the district attorney alleging unlawful disposal of hazardous waste. Resolved case via civil settlement.
• Represented a company in action by the district attorney alleging violations of the California Accidental Release Prevention program. Resolved case via civil settlement.
• Represented an individual in a state criminal prosecution for the alleged taking of listed species. Charges were dismissed.
• Represented an individual in a federal Clean Water Act prosecution for alleged falsification of reports and unlawful discharges to water. Negotiated resolution of the case and a reduction in the Sentencing Guidelines calculation based on ambiguities in the discharge permit.
• Represented an individual in a state prosecution for overfishing. Probation granted.
• Represented a chemical company in parallel criminal/civil and state/federal investigations for labeling and marketing violations under pesticide laws. Resolved case via misdemeanor plea.
• Represented an employee in an investigation and prosecution under the Act to Prevent Pollution from Ships for alleged dumping of oil in the ocean. Case was dismissed.
• Represented a smelting company and its president in the investigation and prosecution by the U.S. Department of Justice under the Resource Conservation and Recovery Act and international export laws for alleged illegal transport and export of hazardous waste and illegal dumping of hazardous waste. Obtained jury acquittals of all defendants after a six-week trial.
• Represented an irrigation district and five individuals in the investigation and prosecution by the U.S. Attorney under Sarbanes Oxley and fraud statutes alleging that the district had filed false records of water deliveries with the United States. Charges were dismissed after motions were filed.
• Represented a state political subdivision against federal criminal charges by the U.S. Attorney for alleged retaliation against alleged whistleblowing employees, who had reported the falsification of records to an agency of the United States and were subsequently terminated by the political subdivision. Case was dismissed after presentation to the prosecutor.
• Represented an Air Force general officer against allegations by the Federal Bureau of Investigation of covering up a release of highly radioactive material into the atmosphere. No charges were filed.
• Represented companies and individuals facing prosecution under the California Porter-Cologne Water Quality Control Act for alleged violations of municipal and storm water permits and unlawful discharges to water bodies. 

Representative Matters: Internal Investigations

• Conducted an internal investigation of alleged air violations made by an internal whistleblower and provided recommendations for improved compliance protocols for a major company.
• Conducted an internal investigation for a quasi-governmental agency under federal investigation by the U.S. EPA for alleged Clean Water Act violations while coordinating joint defense with counsel for executives and managers facing potential felony prosecution.
• Conducted an internal investigation for a quasi-governmental agency under state investigation for alleged water and species violations while representing the organization and employees under a joint defense agreement.
• Conducted an internal investigation for a company after the major air release of a chemical in preparation for negotiations with the district attorney’s office, the U.S. EPA, the Air Quality Management District, a neighboring company, and an injured individual.
• Conducted a multi-facility audit for a biotechnology company regarding possible violations of environmental laws governing the use and reporting of chemicals, and developed a reporting strategy and protocols to minimize potential penalties.
• Designed and conducted periodic facility audits for submission to the U.S. EPA, the U.S. DOJ, and a private adverse company under federal, state, and local emergency planning, worker safety, and hazardous materials management laws, as well as applicable safety and building codes.
• Conducted an extensive confidential internal investigation while under indictment for alleged activities of 50 employees that resulted in erroneous records being filed with an agency of the United States regarding water deliveries at a federal reclamation project.
• Conducted an extensive privileged internal investigation while under the threat of prosecution by the U.S. Attorney regarding termination of 25 employees who were identified as whistleblowers in a federal prosecution.
• Conducted an internal investigation of the release of highly radioactive material to the atmosphere in response to threatened charges from the Federal Bureau of Investigation and a U.S. Senate subcommittee investigation of the release.
• Conducted an investigation of the alleged illegal dumping of hazardous waste in several dozen areas of a northern California city in response to potential charges by state agencies of illegal dumping.

 

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