Although environmental prosecution is not a new trend, criminal enforcement of environmental laws is on the rise. The recent expansion of tools and referral mechanisms to support a heightened level of criminal enforcement have led to prosecutorial success as the detection of wrongdoing is becoming much easier. And while not all criminal investigations result in criminal charges, the cost of a mishandled investigation can be catastrophic. Rather than waiting for the government to show up at your door, it is imperative for corporations to plan for environmental enforcement investigations.
Carrie and I recently teamed up with Tim Bergère, chair of Montgomery McCracken’s environmental practice, to write an article on how to plan for and effectively handle an environmental enforcement investigation.