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What To Expect When They’re Inspecting: Counseling Clients through the Civil Inspection and Criminal Enforcement Process


Level: Advanced
Runtime: 93 minutes
Recorded Date: June 03, 2021
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Agenda

  • Civil Inspections - DECA
  • EPA or State Authorities Inspection Target Strategies
  • How to Handle Surprise Inspections
  • Enforcement Activity
  • Counseling Clients through an Inspection
  • Analyzing and Defending the Case
Runtime: 1 hour, 33 minutes
Recorded: June 3, 2021

Description

Corporate clients in the civil inspection process sometimes find themselves simultaneously, or subsequently, engaged in a criminal enforcement process. This program will evaluate issues that arise with respect to Agency information requests, UpJohn warnings, corporations and employees needing counsel, or reporting obligations to the management or Board of Directors.

This seminar will include a multi-disciplinary panel including a former EPA civil inspector, criminal defense attorney, and attorneys representing corporate clients in State and federal environmental enforcement proceedings.

This program was recorded on June 3rd, 2021.

Provided By

American Bar Association

Panelists

Todd S. Mikolop

Counsel
Hunton Andrews Kurth

Todd advises and defends clients in internal investigations and environmental enforcement actions, and counsels clients in federal environmental regulatory programs with the insight as a former environmental crimes prosecutor for the US Department of Justice. Clients faced with crisis situations seek out Todd for advice when conducting internal investigations and defending enforcement actions for companies facing allegations of wrong doing or potential violations of federal law. He provides clients with proactive and strategic counseling rooted in his extensive government experience as a federal prosecutor for the US Department of Justice and as a judge advocate with the US Coast Guard. Beyond his enforcement defense capabilities, Todd frequently counsels clients on federal permit applications and processes related to project development, compliance with existing natural resource permits and responding to industrial accidents.

With his depth of experience across a broad range of industries and issues, Todd is well-suited to counsel clients facing a myriad of environmental challenges. In private practice, he leads internal investigations and defends companies across numerous industries, including oil and gas, heavy equipment manufacturing and manufacturing involving the use of pesticides, aftermarket automobile parts, agriculture, public utilities and food wholesalers and retailers. Todd brings insightful and practical guidance to corporate clients facing all levels of federal environmental enforcement, including administrative, civil judicial, and criminal proceedings.

As a federal prosecutor, Todd led investigations and prosecutions of complex environmental cases, including those involving water pollution, air pollution, hazardous waste and wildlife, and white collar crime offenses alleging conspiracy, false statements, obstruction, money laundering and smuggling.

Todd’s insight into a spectrum of processes, risks, issues and strategies allows him to develop a tailored solution for his clients to fit any given situation. Todd is admitted to practice before the US Court of Appeals for the Second Circuit and the Massachusetts and District of Columbia courts.

Thomas H. Prol

Attorney
Sills Cummis & Gross PC

Thomas H. Prol practices environmental, land use and redevelopment law with Sills Cummis & Gross, P.C. He is admitted in New Jersey and New York and before numerous federal courts. Mr. Prol is a member of the American Bar Association House of Delegates, a Fellow of the American Bar Foundation, a Life Fellow of the National Conference of Bar Presidents and a Past President of the New Jersey State Bar Association (“NJSBA”), servings as NJSBA’s first openly gay leader in 2016-2017. Holding both a law degree and a Master’s Degree in Public Health, in March 2020, the NJSBA called him back to service to oversee its Pandemic Task Force, fashioning a strategic roadmap to address the impact on the legal profession caused by the COVID-19 public health crisis and concurrent social and political upheaval.

Throughout his legal career, Mr. Prol has been a vocal advocate on issues of equity and access to justice. He was an advocate for, and successfully argued the defense of both the New Jersey Criminal Justice Reform Act and the New Jersey Anti-Bullying Act. As a founding and current executive committee member of New Jersey’s largest LGBTQ education and advocacy organization, Garden State Equality, Mr. Prol has championed marriage equality and gender & sexuality civil rights for almost two decades. He previously served as vice chair of the National Lesbian and Gay Law Association (now the National LGBT Bar Association) and a director of the LGBT Bar Association of Greater New York.

Mr. Prol is a monthly columnist in the New Jersey Law Journal, an ALM Media publication, and has appeared and has authored/co-authored numerous briefs over the past decade before the New Jersey Supreme and Superior Courts, New Jersey Council on Local Mandates and the U.S. Third Circuit Court of Appeals. He is a frequent lecturer for the New Jersey Institute for Continuing Legal Education, teaches a New Jersey practice and ethics course for Practising Law Institute, and is an expert in parliamentary procedure.

Mr. Prol is an adjunct professor at Seton Hall University School of Law, and previously taught legal writing and appellate advocacy at New York Law School. He is General Counsel to the Municipal Clerks’ Association of New Jersey, special environmental counsel to the County of Sussex and its municipal utilities authority, and also served as Associate General Counsel and Agency Chief Contracting Officer for New York City’s Department of Consumer Affairs. Prior to practicing law, Mr. Prol was an environmental scientist and enforcement officer for the U.S. Environmental Protection Agency, and served two years as a volunteer in the U.S. Peace Corps in Nepal. Mr. Prol has also held externships with the U.S. Attorney’s Office (E.D.N.Y.), the New York City Commission on Human Rights, CNN and The Carter Presidential Center.

Kevin Sali

Foudning Attorney
kevin Sali LLC

Kevin Sali represents individuals and business entities in criminal, civil, and regulatory matters. In a wide variety of cases—including high-stakes major felony trials, complex white collar cases, and large-scale environmental actions—Mr. Sali has secured a series of outstanding results for his clients. With a diverse professional and educational background, he is well-suited to carry out the broad spectrum of tasks needed by clients facing challenging legal circumstances.

Mr. Sali received his bachelor’s degree in chemistry from Wheaton (Ill.) College. Following graduation, he taught high school chemistry for four years in Miami, Florida, and then earned a Master of Science degree in biochemistry from Duke University. Mr. Sali also earned his law degree from Duke University, where he was one of three students in his graduating class awarded the “highest honors” recognition.

After graduating from law school, Mr. Sali began his practice as a civil litigator in Perkins Coie LLP’s Portland office. After several years at Perkins Coie, Mr. Sali left to pursue a practice focused primarily on criminal defense and related matters. Since then, Mr. Sali has handled a broad spectrum of cases in both state and federal courts. Click here for a list of Mr. Sali’s practice areas, and here for descriptions of some of the results Mr. Sali has obtained for his clients.

Denise G. Fellers

Associate
Morgan Lewis & Bockius LLP

Denise G. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater contamination, including cost recovery and mass toxic tort litigation. She has experience in litigation under a variety of state and federal environmental laws, such as the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and litigation under the state counterparts, such as the California Hazardous Substance Account Act (HSAA).

Denise also has experience with the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and California’s Proposition 65. Most of Denise’s cases involve litigation in both state and federal courts, including the strategic management of discovery issues, such as pre-litigation investigations, depositions, written discovery, preparing expert witnesses, and resolving various discovery disputes.

Denise also has experience in the drafting and arguing of case dispositive motions and extensive experience in pre-trial issues including preparing exhibit lists, witness lists, motions in limine, designation and counter-designation of deposition testimony, and direct and cross-examination of expert witnesses.

Denise received her JD at the University of California Los Angeles School of Law in 2002.


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