Background - Practices (Details)

Environmental and Safety Compliance and Investigations


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.