Webcast: A New Era in Environmental Law Enforcement

Webcasts | October 22, 2024

For the first time, the U.S. Environmental Protection Agency (EPA) has announced its intention to pursue a coordinated “strategic civil-criminal enforcement policy” with targeted enforcement priorities that include mitigating climate change, addressing PFAS exposure, and reducing air pollution in communities for environmental justice. Working with the Department of Justice’s Environmental Crimes Section (ECS), EPA has indicated that it will use the full range of compliance monitoring and enforcement tools to address violations of environmental laws and to develop new and innovative enforcement theories and remedies track. Understanding these policies and trends and critically reviewing current criminal case studies will help regulated parties anticipate, avoid and defend against the enforcement of environmental crimes.

Please join our panelists from Gibson Dunn’s White Collar Defense and Investigations and Environmental Litigation and Mass Tort practice groups as they discuss the current environmental prosecution landscape, analyze the lessons learned from recent major criminal trials, and anticipate potential changes in environmental prosecutions following the outcome of the 2024 presidential election.

Panelists:

Michael S. Diamond is a partner in the Washington office of Gibson, Dunn & Crutcher, where he is a member of the White Collar Defense and Investigations Practice Group and a member of the firm’s Finance Committee. His work focuses on white collar criminal defense, internal investigations and corporate compliance. He has represented clients in a variety of matters, including accounting and securities fraud, antitrust violations and environmental crimes, before law enforcement and regulatory agencies, including the U.S. Department of Justice and the Securities and Exchange Commission. Michael’s environmental crime representation includes investigations involving diesel emissions and related crimes. Michael has also led numerous internal investigations for publicly traded companies and conducted field research in nineteen different countries on five continents. He is admitted to practice law in the District of Columbia and the Commonwealth of Virginia.

Rachel Levick is a partner in the Washington office of Gibson, Dunn & Crutcher, where she works in the firm’s litigation department and is a member of the Environmental Litigation and Mass Tort and Environmental, Social and Governance (ESG) practice groups. Rachel represents companies across a variety of industries in a wide range of federal and state litigation, government enforcement actions, and administrative rulemaking proceedings. She works with her clients to assess compliance, direct enforcement actions, and defend against litigation under a variety of environmental laws and programs, including the Clean Air Act (CAA), the Toxic Substances Control Act (TSCA ), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund). Rachel was recognized as a 2023 Environmental “Rising Star” by Law360 and in the 2023 Lawdragon 500 X – The Next Generation Edition. She was also named a “One to Watch” in Environmental Litigation for 2022 and 2023 by Best Lawyers. Rachel is admitted to practice law in Maryland and the District of Columbia, as well as before the United States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia.

Stacie B. Fletcher is a litigation partner in the Washington office of Gibson, Dunn & Crutcher and co-chair of the Environmental Litigation and Mass Tort Practice Group. Stacie has handled a variety of cases involving state and federal environmental law, including serving as lead counsel on numerous high-profile law enforcement matters with the U.S. Environmental Protection Agency (EPA) and state agencies. Stacie has been recognized by Chambers USA as a Leading Environmental Attorney in the District of Columbia every year since 2021. According to Chambers USA, clients note that Stacie “[h]“She has excellent knowledge of federal and state environmental enforcement issues,” “has a tremendous sensitivity to environmental issues and is well-informed about what is going on in government,” and she is “thorough, extremely attentive to detail and excellent in dealing with parties on both sides of an issue.” Stacie is admitted to practice law in the Commonwealth of Virginia and the District of Columbia.

David Fotouhi is a partner in the Washington, DC office of Gibson, Dunn & Crutcher, where he works in the firm’s litigation department and is a member of the firm’s environmental litigation and mass torts practice group. Previously, David served as Acting General Counsel and Senior Deputy General Counsel at the U.S. Environmental Protection Agency (EPA). David combines his expertise in administrative and environmental law with his litigation experience and a deep understanding of the inner workings of the EPA to represent the firm’s clients in environmental enforcement actions, regulatory challenges and other environmental disputes. He has provided legal advice and litigated under all major environmental laws, including the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), and the Toxic Substances Control Act (TSCA). According to Chambers USA, which recognized David as a leading environmental lawyer in the District of Columbia, clients praised David as a “sophisticated attorney” with “in-depth knowledge of the dynamics of a case and his interactions with authorities” and “unique.” Experience and expertise from his work at the EPA.” The National Law Journal recognized David as a “trailblazer” in environmental and energy law, and Law360 named David a “Rising Star” in environmental law for his work “on groundbreaking regulations and litigation.” David is a member of the District of Columbia and Texas Bar Associations.

MCLE Credit Information:

This program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hours, of which 1.0 credit hours may be used toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP confirms that this activity has been approved by the State Bar of California for 1 hour MCLE credit.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is eligible for 1.0 hour CPD credits. Regulated by the Solicitors Regulation Authority (number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approves or accredits CLE providers or activities. This provider believes this activity is sufficient for up to 1 hour of your annual Connecticut CLE requirement, including 0 hour(s) of Ethics/Professionalism.

The permit application is pending with the Colorado, Illinois, Texas, Virginia and Washington State Bar Associations.

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