Environmental Liability

Government investigation and enforcement practices in recent years have included larger budgets for criminal enforcement of environmental statutes and regulations.

Historically, government criminal enforcement actions have tended to focus on individual liability and have pursued officers at the highest possible level of a corporation. However, serious violations, an absence of adequate corporate control measures, and a lack of an appropriate corporate response may also leave companies open to potential corporate liability, including civil fines and criminal sanctions. The most common areas for Mr. Wilson to assist your company and its executives with white collar criminal matters may include:

  • conducting internal investigations and environmental audits;
  • developing corporate compliance programs aimed at identifying potential areas for breakdowns in environmental compliance and deterring such conduct by employees;
  • defense of charges of fraud on the EPA;
  • defense of allegations of violations of the Clean Air and Clean Water Acts;
  • defense of individual officers and directors against criminal allegations for violations of environmental statutes and regulations;
  • responding to search warrants at corporate facilities for investigation of possible environmental crimes; and
  • prosecution of state and federal administrative proceedings to contest permit language, compliance requirements, and penalty assessments.