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October 2010

Gordon & Rees and Oregon State Bar Environmental & Natural Resources Section to Co-Host EPA Panel

Gordon & Rees attorney Daniel Nichols will moderate a day-long panel of four USA EPA officials regarding civil and criminal environmental enforcement on November 3, 2010. The program is being co-hosted by the Oregon State Bar Environmental & Natural Resources Section at the Port of Portland.  The program will be presented in panel format designed to facilitate direct Q&A discussion with the presenters.  The program is complimentary and six hours of CLE credit have been applied for from the state bar association.

Oregon State Bar Environmental & Natural Resources Section Complimentary Seminar - CLE Accreditation Pending

Presentation: Civil and Criminal Environmental Enforcement:
From the Perspective of the U.S. EPA

November 3, 2010, 8:00 am - 5:30 pm

U.S. EPA Presenters

Michael J. Walker, Director, National Enforcement Training Institute, U.S. EPA HQ
Fred Burnside, Director, Office of Criminal Enforcement, Forensics, and Training, U.S. EPA HQ
David Janik, Supervisory Enforcement Attorney for Regulatory Enforcement, U.S. EPA Region 8
Dean Ingemansen, Regional Criminal Enforcement Counsel, U.S. EPA Region 10

Program Topics

A New Era for Enforcement – Current Agency Enforcement Priorities

  • Factors in the EPA's selection of enforcement tools (civil administrative vs. civil judicial vs. criminal judicial) and remedies (e.g., injunctive relief)
  • EPA's settlement policies and practices

Civil Judicial and Administrative Litigation

  • Effective drafting of complaints
  • Strategies for discovery
  • Accelerated decision motions
  • Environmental Appeals Board practice
  • Pleading and presenting penalty calculations

Criminal Enforcement

  • Fundamentals of criminal enforcement
  • Overview of EPA Criminal Investigation Division
  • Criteria for referral by civil authorities of cases for criminal prosecution
  • The use and recent streamlining of parallel proceeding policies governing simultaneous civil and criminal prosecutions of the same underlying conduct
  • Information-sharing with civil enforcement personnel
  • Global criminal and civil injunctive/monetary settlements

Negotiations: What to Expect from the Enforcer - EPA's Views on Getting to Yes

  • Setting the foundation for success: what is a negotiation and what are the characteristics of a good negotiator?
  • Opening settlement discussion
  • Administrative vs. judicial considerations
  • Strategic considerations: pros and cons of pre-filing; pre-answer; use of ADR; and caucusing
  • Understanding the scope of authority to settle of Agency attorneys and the chain of concurrence for Agency approval of proposed settlements
  • When to push the envelope versus when to settle: litigation risk, strength of evidence and witnesses, precedent, equities, and costs
  • Enlisting the Agency as partner in settlement

Date:  Wednesday, November 3, 2010
Time:  8:00 a.m. – 5:30 p.m.
Place: Port of Portland, 7200 NE Airport Way, Portland, OR 97218
Cost: Admission to the seminar is complimentary.  There is a fee of $24/day for short-term terminal parking and a $10/day fee for economy off-site parking.
RSVP: Please RSVP to Kathy Kudrna (kkudrna@gordonrees.com) by October 29. 
Materials: Materials will be posted on the Section's Web page at http://osbenviro.homestead.com/CLEs/CLEIndex.html prior to the seminar.
Sponsors: Gordon & Rees LLP (www.gordonrees.com)