The Obama Administration is committed to increasing criminal enforcement of environmental laws. To that end, the EPA is bringing on fifty additional criminal investigators, bringing the total number of investigators to over two hundred. With these new resources, and a strategic plan focusing on the full range of environmental crimes, corporations and individuals should place a renewed focus on environmental compliance.
FY 2010 saw an increase in the number of individuals charged with environmental crimes, from seventy-four percent in FY 2009 to seventy-six percent in FY 2010. These enforcement results are consistent with the EPA/DOJ’s renewed emphasis on increasing the perceived deterrent effect of its prosecutions.
Although the number of corporate criminal charges decreased in 2010, the increase in the number of individuals charged, coupled with an increase in the penalties sought by the government, demonstrates the government’s stated goal of achieving maximum deterrence is real.
Please join us on April 13, 2011, as Mayer Brown partners Anthony Alexis, Mark Ter Molen and Michael Volkov discuss the likely focus of the Department of Justice’s efforts to increase environmental crime cases, and the impact that such efforts will have on businesses.
Our discussion will cover:
- the likely focus of criminal investigations and prosecutions, including the focus on anticipated increase in waste dumping and other statutory violations;
- a review of DOJ and EPA investigatory tools and tactics and how to minimize risk of investigation and prosecution; and
- the corporate compliance strategies needed to avoid criminal investigation and prosecution, and the steps that need to be taken to review and revise compliance programs.