Section of Environment, Energy, and Resources

Environmental Enforcement and Crimes Committee

2007-2008 Committee Chair:
Douglas S. Arnold
[Doug.Arnold@alston.com]

U.S. EPA and U.S. DOJ Presentations

EPA Enforcement Results for 2006 and Priorities for 2007-2010, Randolph L. Hill

Environmental Crimes Update – April 19, 2007, Kris Dighe

Message from the Chair

Welcome to the Web page for the Environmental Enforcement and Crimes Committee. My name is Doug Arnold. I am the current Chair of the Environmental Enforcement and Crimes Committee. I am looking forward to another productive year with the Committee and the American Bar Association. With your help, it will truly be an exciting year.

In the last year, our Committee has sponsored several teleconferences on a wide range of enforcement topics, including DOJ's McNulty memorandum, EPA's voluntary disclosure policy, environmental enforcement priorities for 2007, and a nuts and bolts series on environmental civil and criminal enforcement. In addition, the Environmental Enforcement and Crimes Committee publishes quarterly newsletters, which include key cases and developments for each EPA Region.

As is always the case, the Environmental Enforcement and Crimes Committee is only as good as the involvement of the membership. My goal this year is to get more members involved in the activities of the Environmental Enforcement and Crimes Committee. So, do not be surprised if you get a call out of the blue from me, or one of the Vice Chairs, asking you to author an article for the newsletter or to assist in The Year in Review or to participate in a program or to brainstorm about public service prospects or to call a new member of the section or provide input on the Web page. If you would like to preempt that call out of the blue and get involved, give me a call, or call one of my Vice Chairs.

I look forward to working with you.
Doug Arnold

Coordinating Criminal Investigations During Emergency Response Actions

On April 8, 2003, EPA entered into a Memorandum of Understanding that spells out how law enforcement agencies will coordinate with environmental agency representatives during emergency response actions.

We discussed this MOU during our Hot Topic teleconference on "Homeland Security and Environmental Enforcement" on January 28, 2004.

Memorandum of Understanding To Coordinate Criminal Investigation, Enforcement, and Environmental Response

Daubert and Deterrence - Admitting Scientific Evidence in Enforcement Cases

Like other environmental litigation, civil and criminal environmental enforcement actions often rely on complex technical and scientific testimony. The following two articles examine the application in environmental enforcement of Daubert's standard for the admission of scientific evidence. Lee Hamel, Mark Thornhill and Benjamin Clark submitted these materials for the Fall 2002 SEER Section meeting in Portland, Oregon.

Application of Daubert in Environmental Criminal and Civil Cases

Preparing to Successfully Challenge Expert Testimony in an Environmental Criminal Case Under the Clean Air Act (Knowing Endangerment, 42 USC § 7413 (c)(5)(A))

Peering into Lawyers' Files - Prosecutors' Use of the Crime or Fraud Exception

The crime-fraud exception to the attorney-client privilege and work product rule is often used by prosecutors as a key tool to discover environmental criminal conduct. The crime-fraud exception is analyzed in the following article: Peering into Lawyers' Files - Prosecutors' Use of the Crime or Fraud Exception. The article was prepared by Mark Thornhill of Kansas City's Spencer Fane Britt & Brown LLP, Jane Barrett of Washington, D.C.'s Dyer Ellis & Joseph, Michael Levy of Washington, D.C.'s Swidler Berlin Shereff Friedman, LLP, and David Krakoff of Washington, D.C.'s Beveridge & Diamond, P.C. The article was published in the materials presented at Fall Section Meeting in October, 2001.

Peering into Lawyers Files - Prosecutors' Use of the Crime or Fraud Exception