Getting busy: corporate issues in the early stages of criminal environmental investigations

Article Abstract:

A proactive pre-indictment response to criminal environmental investigations can help inform the government of the weakness of its case, as well as help prepare for corporation's defense. When a company learns that it is being investigated on criminal environmental violations, counsel should be retained to thoroughly investigate the situation. Relations with government investigators should always remain professional and constructive to make sure that officials will remain receptive to exculpatory evidence. Internal pre-indictment investigations raise privilege and discovery questions.

Interpretation and construction, Criminal liability of juristic persons, Juristic persons criminal liability

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Allocating environmental liabilities in acquisitions

Article Abstract:

Due diligence and proper drafting are the two primary means that a company acquiring another company can use to minimize environmental liability risks. The due diligence process commonly employed in corporate acquisitions should include an investigation of the target's sites, corporate and agency files relating to environmental investigations and investigation of off-site disposal processes. While environmental statutes do provide some allocation of liability, the sale agreement should address known and unknown environmental problems and how clean-up costs will be allocated.

Acquisitions and mergers, Environmental aspects, Liability for environmental damages, Liability of successor corporations, Corporate succession liability

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The gradual reform of environmental law in the twenty-first century: opportunities within a familiar framework

Article Abstract:

Reform of environmental law will involve a gradual transition from the traditional command-and-control regulatory model to a model that allows for increased industry participation and greater flexibility. The traditional regulatory approach is costly, inefficient, discourages innovation and results in massive volumes of regulations. Reforms will be slow but continuous because environmental values have been internalized by the public. Businesses will work with regulators to control their own compliance, and regulatory negotiation will replace standard rule-making.

Planning, Political aspects, Environmental movement, Environmentalism, Law reform, Legal reform

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