ALI-ABA Course of Study Criminal Enforcement of Environmental Laws. October 4-5, 2007 Washington, D.C. TABLE OF CONTENTS

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1 PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIAL ALI-ABA Course of Study Criminal Enforcement of Environmental Laws October 4-5, 2007 Washington, D.C. TABLE OF CONTENTS 1. The State of Environmental Crime Enforcement: Survey of Developments in 2006 (reprinted with permission from ENVIRONMENT REPORTER, Vol. 38, No. 9 - March 2, 2007) By Steven P. Solow Page xi 2. The Internal Investigation: Cooperation and the McNulty Memorandum 17 By Barry M. Hartman Study Outline 19 Presentation Slides Waiving Goodbye to the Internal Investigation (reprinted with permission from 3 BENEDICT S MARITIME BULLETIN 265 (2005) By Judson W. Starr, David G. Dickman, and Michael S. Munson 4. Redefining Cooperation and Waiver By Thomas J. Kelly, Jr. 5. Pragmatic Practices for Protecting Privilege By W. Stephen Cannon, Todd Anderson, and Michael Burchstead 6. Material on Internal Investigations, Cooperation, and Privilege 117 By Laurence A. Urgenson Laurence A. Urgenson, Bradley J. Bondi, and Christopher C. Chiou, When Is Discretion the Better Part of Valor?, reprinted with permission from BUSINESS CRIMES BULLETIN (Jan.2007) 119 Laurence A. Urgenson and Audrey Harris, Is the White-Collar Defense Attorney Headed for Extinction?, reprinted with permission from BUSINESS CRIMES BULLETIN (May 2006) 123 Laurence A. Urgenson and Audrey Harris, The Incredible Shrinking Privilege: Strategies for Corporate Criminal Defense after the Thompson Memorandum, reprinted with permission from BUSINESS CRIMES BULLETIN (September 2003) 126 Laurence A. Urgenson, 10 Steps in Dealing with Questionable Payments Overseas: An Updated Checklist, reprinted with permission from the NEW YORK LAW JOURNAL (October 1999) 129 xiii xvii vii

2 7. Exercise of Criminal Prosecutorial Discretion for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Effort by the Violator (June 3, 1991) By Richard B. Stewart 8. Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator (July 1, 1991) By The U.S. Department of Justice 9. Implementation of the Environmental Protection Agency s Self-Policing Policy for Disclosures Involving Potential Criminal Violations (October 1, 1997) By Earl E. Devaney 10. Directive 99-20: Global Settlement Policy (April 20, 1999) By Lois J. Schiffer 11. Directive 99-21: Integrated Enforcement Policy (April 20, 1999) By Lois J. Schiffer 12. Principles of Federal Prosecution of Business Organizations (January 20, 2003) (the Thompson Memorandum ) By Larry D. Thompson 13. Waiver of Corporate Attorney-Client and Work Product Protection (October 21, 2005) by Robert D. McCallum, Jr. 14. Principles of Federal Prosecution of Business Organizations (December 12, 2006) (the McNulty Memorandum ) By Paul J. McNulty 15. Prepared Remarks of Deputy Attorney General Paul. J. McNulty at the Lawyers for Civil Justice Membership Conference Regarding the Department s Charging Guidelines in Corporate Fraud Prosecutions (December 12, 2006) Materials on Jurisdiction after Rapanos 221 Submitted by Miguel A. Estrada and W. Warren Hammel U.S. EPA and U.S. Army Corps of Engineers Memorandum, Clean Water Act Jurisdiction Following the U.S. Supreme Court s Decision in Rapanos v. United States and Carabell v. United States (June 5, 2007) 223 U.S. EPA and U.S. Army Corps of Engineers Memorandum, Coordination on Jurisdictional Determinations (JDs) under Clean Water Act (CWA) Section 404 in Light of the SWANCC and Rapanos Supreme Court Decisions (June 5, 2007) 235 U.S. EPA and U.S. Army Corps of Engineers Responses to the Rapanos Decision: Key Questions for Guidance Release (June 5, Northern California River Watch v. City of Healdsburg, F.3d, 2007 WL , 2007 U.S. App. LEXIS (9th Cir., Aug. 6, 2007) The Criminalization of Maritime Accidents and MARPOL Violations in 257 viii

3 17. The Criminalization of Maritime Accidents and MARPOL Violations in the United States By Michael G. Chalos United States v. Kun Yun Jho and Overseas Shipholding Group, Inc., No (5th Cir.) Submitted by David G. Dickman and Robert B. Sussman District Court Memorandum Opinion and Order 266 Brief for Plaintiff-Appellant United States 273 Brief of Appellee Overseas Shipholding Group, Inc. 327 Brief of Appellee Kun Yun Jho Worker Safety and Criminal Enforcement of Environmental Laws By Kevin A. Gaynor and Benjamin S. Lippard 20. When Workplace Safety Meets Environmental Crimes: DOJ s New Enforcement Initiative By Judson W. Starr and Amy J. McMaster Will There Be a Fear of Judging as a Result of the Rita Reasonableness 479 Presumption and the Gall Extraordinary Circumstances Test? Submitted by Charles A. DeMonaco Study Outline 481 Gall v. United States, No (U.S.): Brief for the Petitioner Sentencing and Collateral Consequences By Bruce Pasfield 23. The Rebirth of Advocacy: White-Collar Sentencing in the Post-Booker World, (reprinted with permission from BUSINESS CRIMES BULLETIN (September 2003)) By Laurence A. Urgenson and Melissa H. Davis Sentencing Guidance in Environmental Prosecutions, Including the Use of 551 Supplemental Sentencing Measures, Developed by the U.S. Department of Justice, Environment and Natural Resources Division, Environmental Crimes Section in Consultation with the Environmental Crimes Policy Committee (December 2000) Table of Contents 553 Guidance 555 ix

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5 ALI-ABA Course of Study Criminal Enforcement of Environmental Laws October 4-5, 2007 Washington, D.C. PROGRAM Thursday, October 4, :45 a.m. Registration and Continental Breakfast 8:45 a.m. Course Overview Messrs. Block and Starr 9:00 a.m. Keynote Address I: Environmental Crimes Assessment Through New Eyes Mr. Tenpas 9:45 a.m. Networking Break 10:00 a.m. The Internal Investigation Messrs. Cannon, Hartman, Kelly, and Urgenson Strategies that affect the outcome Cooperation and the McNulty memo Subpoena production and electronic discovery What to do with what is discovered 11:30 a.m. Interview with Former Department of Justice Environmental Crimes Section Chief Messrs. Green and Uhlmann 12:00 noon Lunch Break 1:15 p.m. One if by Air New Clean Air Act Initiatives Ms. Mitchell and Messrs. Buente, DeGeurin, Krakoff, and Kushner Why now and what's new? Pretrial issues and trial strategies What works and what doesn't 2:45 p.m. Networking Break 3:00 p.m. Two if by Sea What's New From Old Line of Cases Ms. Barrett and Messrs. Carr, Estrada, Hamel, and Murtha Chronic non-compliance cases Rapanos Where does jurisdiction stand? 4:00 p.m. Networking Break 4:15 p.m. Vessel Cases Messrs. Chalos, Dickman, Linsin, and Sussman Never ending initiatives State of players at trial or on appeal 5:15 p.m. Questions and Answers 5:30 p.m. Adjournment for the Day xi

6 Friday, October 5, :30 a.m. Continental Breakfast 9:00 a.m. Keynote Address II: Criminal Enforcement through EPA's Eyes Mr. Nakayama 9:45 a.m. Networking Break 10:00 a.m. OSHA and Endangerment New Tools New Cases Ms. Harris and Messrs. Gaynor, Goldsmith, and Solow OSHA enters the fray Expanding theories of prosecution 11:15 a.m. Sentencing and Collateral Consequences Messrs. De Monaco, Meunier, Pasfield, and Pavlick Affects of Booker on sentencing Impact on compliance programs Suspension and debarment Tough new approaches 12:15 p.m. Questions and Answers 12:30 p.m. Adjournment xii

7 ALI-ABA Course of Study Criminal Enforcement of Environmental Laws October 4-5, 2007 Washington, D.C. PLANNING CHAIRS Joseph G. Block, Esquire 575 7th Street, NW Washington, DC Judson W. Starr, Esquire 575 7th Street, NW Washington, DC FACULTY Todd Aagaard, Esquire Appellate Section, Environment and Natural Resources Division U.S. Department of Justice PO Box Washington, DC Jane F. Barrett, Esquire Blank Rome LLP The Watergate Building, Suite New Hampshire Avenue, NW Washington, DC David T. Buente, Jr., Esquire Sidley Austin LLP 1501 K Street, NW Washington, DC W. Stephen Cannon, Esquire Constantine Cannon LLP 1627 I St NW Fl 10 Washington, DC Donald A. Carr, Esquire Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC Michael G. Chalos, Esquire Chalos, O'Connor & Duffy, LLP 366 Main St Port Washington, NY Michael DeGeurin, Esquire Foreman DeGeurin Nugent 300 Main St Houston, TX Charles A. DeMonaco, Esquire Dickie, McCamey & Chilcote, PC Suite 4000 Two PPG Place Pittsburgh, PA xiii

8 David G. Dickman, Esquire 575 7th Street, NW Washington, DC Daniel W. Dooher, Esquire Senior Trial Attorney Environment & Natural Resources U.S Department of Justice P.O. Box L'Enfant Plaza Station, Room 2114 Washington, DC Miguel A. Estrada, Esquire Gibson, Dunn & Crutcher LLP 1050 Connecticut Ave NW Ste 900 Washington, DC Kevin A. Gaynor, Esquire Vinson & Elkins LLP The Willard Office Building 1445 Pennsylvania Avenue, NW Washington, DC Andrew D. Goldsmith, Esquire Assistant Chief, Environmental Crimes Section U.S. Department of Justice, Environment and Natural Resources Division 601 D St NW Rm 2802 Washington, DC Thomas C. Green, Esquire Sidley Austin LLP 1501 K St NW Ste 600 Washington, DC W. Warren Hamel, Esquire 1800 Mercantile Bank & Trust 2 Hopkins Plaza Baltimore, MD Deborah Harris, Esquire Senior Trial Attorney U.S. Department of Justice 601 D Street, NW Rm 2300 Washington, DC Barry M. Hartman, Esquire Kirkpatrick & Lockhart Nicholson Graham LLP 2nd Floor 1800 Massachusetts Avenue, NW Washington, DC Thomas J. Kelly, Jr., Esquire 575 7th Street, NW Washington, DC David S. Krakoff, Esquire Mayer, Brown, Rowe & Maw LLP 1909 K Street, NW Washington, DC Adam Kushner, Esquire U.S. Enviornmental Protection Agency 1200 Pennsylvania Ave NW Ste 3142 Ariel Rios Building, MC 2241A Gregory F. Linsin, Esquire Special Litigation Counsel Environmental Crimes Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box L'Enfant Plaza Station, Room 2014 Washington, DC Robert F. Meunier, Esquire Debarring Official U.S. Environmental Protection Agency 3901R Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, DC xiv

9 Stacey H. Mitchell, Esquire Trial Attorney Environmental Crimes Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box L'Enfant Plaza Station, Room 2006 Washington, DC James A. Morgulec, Esquire Environmental and Natural Resources Division U.S. Department of Justice P.O. Box L'Enfant Plaza Station, Room 2108 Washington, DC Peter J. Murtha, Esquire Senior Counsel for the Criminal Program U.S. Environmental Protection Agency, Office of Criminal Enforcement 1200 Pennsylvania Ave NW Rm 1224A Mail Code 2232A Granta Y. Nakayama, Esquire Office of Enforcement Compliance & Assurance, EPA Ariel Rios Building, Room Pennsylvania Avenue, NW Washington, DC W. Bruce Pasfield, Esquire Assistant Chief, Environmental Crimes Section Alston & Bird LLP 950 F St NW The Atlantic Building Steven P. Solow, Esquire Hunton & Williams LLP Suite K Street, NW Washington, DC Howard P. Stewart Environmental Crimes Section PO Box Washington, DC Robert J. Sussman, Esquire Locke Liddell & Sapp LLP 600 Travis St Ste 3400 JPMorgan Chase Tower Ronald J. Tenpas, Esquire Acting Assistant Attorney General U.S. Department of Justice 950 Pennsylvania Ave NW Rm 2143 Washington, DC David M. Uhlmann, Esquire Chief, Environmental Crimes Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box L'Enfant Plaza Station, Room 2102 Washington, DC Laurence A. Urgenson, Esquire Kirkland & Ellis LLP th St NW Washington, DC John J. Pavlick, Jr., Esquire 575 7th Street NW Washington, DC Stephen L. Samuels, Esquire P.O. Box D Street, NW Washington, DC xv

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11 Planning Co-Chairs FACULTY BIOGRAPHIES Judson W. Starr, Washington, D.C. B.A., Washington and Jefferson College; J.D., Georgetown University Government and Public Service: Director, Environmental Crimes Unit ( ), and Chief, Environmental Crimes Section ( ), Land and Natural Resources Division (now Environment and Natural Resources Division), U.S. Department of Justice Memberships: American Bar Association (Co-Chairman, Subcommittee on Environmental Crimes, Business and Criminal Law Sections, ); International Bar Association Publications Include: ENVIRONMENTAL CRIMINAL LIABILITY IN THE UNITED STATES: A HANDBOOK FOR THE MARINE INDUSTRY (Co-Author) (Chamber of Shipping of America, 2000); ENVIRONMENTAL CRIMES DESKBOOK (Co-Author) (Environmental Law Institute, 1995); ENVIRONMENTAL CRIMINAL LIABILITY: AVOIDING AND DEFENDING ENFORCEMENT ACTIONS (Co-author) (BNA, 1995); THE KNOCK ON THE DOOR: PREPARING FOR AND RESPONDING TO A CRIMINAL INVESTIGATION (American Chemistry Council, 1991, updated 1999) Joseph G. Block, Washington, D.C. B.A., University of Michigan; J.D., Harvard University Government and Public Service: U.S. Department of Justice: Chief ( ), Assistant Chief ( ), and Trial Attorney ( ), Environmental Crimes Section, Environment and Natural Resources Division; Special Assistant for Criminal Enforcement,Office of Enforcement, U.S. Environmental Protection Agency, 1991; U.S. Senate Permanent Subcommittee on Investigations of the Governmental Affairs Committee (Chief Minority Counsel, ; General Counsel to the Minority, ); Trial Attorney, Defender Association of Philadelphia, Memberships: American Bar Association (Vice Chair, Environmental Crimes Committee, Section of Environment, Energy, and Resources (1988- ) ; Co-Chair, Environmental Crimes Subcommittee, International Criminal Law Committee, Criminal Justice Section (1991)); Master, Edward Bennett Williams Inn of Court, 1989 Publications Include: ENVIRONMENTAL CRIMES DESKBOOK (Co-Author) (Environmental Law Institute, 1995); ENVIRONMENTAL CRIMINAL LIABILITY: AVOIDING AND DEFENDING ENFORCEMENT ACTIONS (Co-author) (BNA, 1995); xvii

12 Keynote Speakers Granta Y. Nakayama, Washington, D.C. Assistant Administrator, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency B.S., M.S., Massachusetts Institute of Technology; J.D., George Mason University Former Adjunct Professor, George Mason University School of Law Ronald J. Tenpas, Washington, D.C. Acting Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice (appointed 2007) B.A., Michigan State University; B.A., Oxford University; J.D., University of Virginia Other Government and Public Service: Associate Deputy Attorney General of the United States, ; U.S. Attorney (S.D. Ill.) ( ); Assistant U.S. Attorney (D. Md.; M.D. Fla.) ( ); Law Clerk to Hon. Howard Holtzmann (Iran-U.S. Claims Tribunal) ( ); Law Clerk to Hon. William H. Rehnquist (U.S.) ( ); Law Clerk to Hon. Louis H. Pollak, (E.D. Pa.) ( ) Faculty Jane F. Barrett, Baltimore, Maryland Associate Professor and Director, Environmental Law Clinic, University of Maryland School of Law; Counsel, Blank Rome LLP B.A., Loyola College; J.D., University of Maryland Government and Public Service: Assistant U.S. Attorney and Chief of Environmental Litigation (D. Md.) ( ); Maryland Assistant Attorney General ( ); Attorney-Advisor, U.S. Environmental Protection Agency Office of Water Enforcement ( ) Memberships: American Bar Association (Sections of Criminal Justice) (Section of Litigation: Standing Committee on Environmental Law; Task Force on Gatekeeper Regulations and the Profession) (Section of Energy, Environment and Resources: Chair, Environmental Crime and Enforcement Committee, ); Federal Bar Association of Maryland (Board of Governors); District of Columbia Bar; Maryland State Bar Association; American Association for Justice (formerly the Association of Trial Lawyers of America ); Maritime Law Association of the Unived States; National Association of Criminal Defense Lawyers; National Association of Women Lawyers; Women's International Shipping & Trading Association Publications Include: Security Initiatives May Have Broader Impact Than Expected (Co- Author), TRENDS (ABA Section of Environment, Energy, and Resources, Nov./Dec. 2002); U.S. Environmental Criminal Laws and The Maritime Industry, BIMCO BULLETIN (April 1998); Green Collar' Criminals: Why Should They Receive Special Treatment?, 8 Md. J. of Contemp. Legal Issues, Environmental Liability, ( ) xviii

13 David T. Buente, Jr., Washington, D.C. Sidley Austin LLP B.S., Lehigh University; J.D., University of Pennsylvania Government and Public Service: U.S. Department of Justice (Environment and Natural Resources Division: Chief, Environmental Enforcement Section, ; former Trial Attorney); former Attorney, U.S. Department of the Interior; former Attorney, Pennsylvania Attorney General's Office Memberhips: American Bar Association (Vice-Chair Environmental Litigation Committee, Section of Environment, Energy and Resources; Section of Litigation) W. Stephen Cannon, Washington, D.C. Constantine Cannon LLP B.A., J.D., University of South Carolina Government and Public Service: U.S. Department of Justice (Deputy Assistant Attorney General, Antitrust Division, ; Trial Attorney, Antitrust Division, ; Honors Law Graduate Program, ); Chief Antitrust Counsel, U.S. Senate Judiciary Committee ( ); Law Clerk to Hon. C. Bruce Littlejohn (S.C.) ( ); Antitrust Modernization Commission (U.S. Senate appointment) Memberships: American Bar Association (Section of Antitrust Law: Past Chair, Legislation Committee; former Section Council Member) (Task Force on Attorney-Client Privilege, ) (Committee of Corporate Counsel, Section of Business Law) Donald A Carr, Washington, D.C. Pillsbury Winthrop Shaw PittmanLLP B.A., Cornell University; J.D., George Washington University Government and Public Service: U.S. Department of Justice: Acting Assistant Attorney General, 1989; Counselor to the Assistant Attorney General, ; Chief, Wildlife and Marine Resources Section, Memberships: National Audubon Society (Board of Governors, ); National Fish and Wildlife Foundation Advisory Council (1995- ); World Wildlife Fund National Council ( ) RARE Center Tropical Conservation ( ) Michael G. Chalos, Port Washington, New York Chalos, O'Connor & Duffy, LLP B.S., State University of New York, Maritime College at Fort Schuyler; J.D., Fordham University Memberships: American Bar Association; New York State Bar Association; Association of the Bar of the City of New York; International Bar Association (Business Law Section); Maritime Law Association of the United States (Chair, Committee on Environmental Crimes, ) xix

14 Michael DeGeurin, Houston, Texas Foreman DeGeurin Nugent B.A., University of Texas; J.D., Texas Tech University Government and Public Service: Assistant Federal Public Defender, ; Law Clerk to Hon. John Singleton (S.D. Tex.) ( ); Law Clerk to Hon. John Wendell Odom (Tex. Crim. App.) ( ) Honors: Outstanding Criminal Defense Lawyer of Texas (State Bar of Texas); Attorney of the Year (Harris County Criminal Lawyers Association) Fellowships: American Board of Trial Advocates; Texas Bar Foundation. Memberships: American Bar Association; State Bar of Texas; Houston Bar Association; National Association of Criminal Defense Lawyers; Harris County Criminal Lawyers Association; Texas Criminal Defense Lawyers Association; Association of Trial Lawyers of America Charles A. De Monaco, Pittsburgh, Pennsylvania Dickie, McCamey & Chilcote, P.C. B.A., University of Notre Dame; J.D., Ohio Northern University Adjunct Professor, University of Pittschburgh School of Law (2003- ) Government and Public Service: Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice ( ); Assistant U.S. Attorney (W.D. Pa.) ( ); Assistant District Attorney, Allegheny County, Pennsylvania ( ) Honors: U.S. Attorney General's Distinguished Service Award (for service as lead counsel for the criminal prosecution regarding the 1989 Exxon Valdez Alaska oil spill); U.S. Attorney Director's Award for Sustaned Superior Service; U.S. Department of Labor Award; U.S. Department of Transportation - United States Coast Guard Meritorious Public Service Award; U.S. Department Special Achievement Award and Certificate of Commendation (three awards) Memberships: American Bar Association; Pennsylvania Bar Association (Committee on Legal Ethics and Professional Responsibility); Allegheny County Bar Association; Engineer's Society of Western Pennsylvania. Publications Include: Corporations Are Striving To Do the Right Thing (Moderator), CORPORATE LEGAL TIMES ROUNDTABLE (Nov. 1999) David G. Dickman, Washington, D.C. B.S., U.S. Coast Guard Academy; J.D. St. Louis University Government and Public Service: U.S. Coast Guard, (Chief, Marine Safety and Environmental Protection Section, Office of Maritime and International Law, USCG Headquarters, ; Senior Assistant Legal Officer, Eighth Coast Guard District (New Orleans), ; Assistant Legal Officer, Seventh Coast Guard District (Miami), ); former Deputy Head, U.S. Delegation to International Maritime Organization's Marine Environmental Protection Committee Honors: U.S. Coast Guard (Meritorious Service Medal, Commendation Medal (two awards); Achievement Medal; USCG Commandant's Letter of Commendation); xx

15 U.S. Department of Justice (Certificate of Commendation, 1999; Environment and Natural Resources Division Special Commendation, 1998) Memberships: American Bar Association (Section on Environment, Energy and Resources; Section on Administrative Law); Maritime Law Association (Committee on Marine Ecology and Maritime Criminal Law; Committee on Regulation of Vessel Operations, Safety, Security and Navigation; Ad Hoc Committee on Environmental Crime) Publications Include: Chapter on Marine Operations (primary drafter) in AN OCEAN BLUEPRINT FOR THE 21ST CENTURY (U.S. Ocean Commission, 2004); Discharge Permits for Ships?, J. COMMERCE (June 30, 1999); Recent Developments in the Criminal Enforcement of Maritime Environmental Laws, 24, TULANE MARITIME L.J. 1 (1999); ENVIRONMENTAL CRIMINAL LIABILITY IN THE UNITED STATES -- A HANDBOOK FOR THE MARINE INDUSTRY (Chamber of Shipping of America, 2000); Trade and Transportation and Environmental Aspects of Homeland Security, chapters in HOMELAND SECURITY DESKBOOK LexisNexis, 2004); Oil and Hazardous Substances Spills - Section 311 chapter in THE CLEAN WATER ACT HANDBOOK (ABA SEER, 2003) Miguel A. Estrada, Washington, D.C. Gibson, Dunn & Crutcher LLP A.B., Columbia University; J.D., Harvard University Government and Public Service: U.S. Department of Justice: Assistant to the Solicitor General, ; Assistant U.S. Attorney (S.D.N.Y.) ( ; Deputy Chief, Appellate Section, 1992); Law Clerk to Hon. Anthony M. Kennedy (U.S.) ( ); Law Clerk to Hon. Amalya L. Kearse (2d Cir.) ( ) Advisory Committee on Procedures (D.C. Cir.) Memberships: Supreme Court Historical Society (Trustee) Kevin A. Gaynor, Washington, D.C. Vinson & Elkins L.L.P. B.A., University of Connecticut; J.D., University of Virginia Government and Public Service: U.S. Department of Justice (Environmental Enforcement Section, Environment and Natural Resources Division: Assistant Chief, ; Attorney, ); Assistant U.S. Attorney (D. Me.), ; Attorney, U.S. Environmental Protection Agency, Memberships: American Bar Association (Section of Environment, Energy and Resources: Past Section Chair; Member, Government Policy Committee; Member, Environmental Crimes and Enforcement Committee); District of Columbia Bar (Past Chair, Environmental, Energy and Natural Resources Section) Publications Include: Environmental Enforcement Developments in 2003 (Co-Author), 34 ENV'T'L L. RPTR (2004); TVA Decision Calls EPA's Unilateral Enforcement Authorities Into Question (Co-Author), 34 ENV'T'L. RPTR (2003); Was United States v. Ahmad Wrongly Decided (Co-Author), 28 ENV'T'L RPTR. 290 (1997); Specific Intent for Environmental Crimes, An Idea Whose Time Has Come (Co-Author), 25 ENV'T'L RPTR (1995); Environmental Criminal Prosecutions: Simple Fixes for a Flawed System (Co-Author), 3 VILLANOVA ENV. xxi

16 L.J. 1 (1992); A System Spinning Out of Control: A Critique of Environmental Criminal Enforcement, 7 ENV'T'L FORUM. 28 (May 1990); FEDERAL REGULATION OF THE CHEMICAL INDUSTRY (Co-Author) (McGraw-Hill, 1980); Prosecution of a Superfund Action, 12 ENV'T'L MGMT. REV. 25 (May 1989); The Toxic Substances Control Act: A Regulatory Morass, 30 VAND. L.REV (1977) Andrew Goldsmith, Washington, D.C. Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice (since 1997) B.S., Cornell University; J.D., Union College (Albany Law School) Other Government and Public Service: Chief, Environmental Crimes Unit, New York Attorney General's Office ( ); Assistant U.S. Attorney (D. N.J.) ( ); Assistant District Attorney, New York County (Manhattan), New York ( ) Thomas C. Green, Washington, D.C. Sidley Austin LLP B.A., Dartmouth College; LL.B., Yale University Government and Public Service: former Assistant U.S. Attorney (D.D.C.); counsel to U.S. Senate Ethics Committee in connection with the Charles Keating investigation Fellow, American College of Trial Lawyers Memberships: Assistant United States Attorneys Association of Washington, D.C. (past President); National Association of Criminal Defense Lawyers W. Warren Hamel, Baltimore, Maryland A.B., Princeton University; M.A., University of Sussex (UK), J.D., Columbia University Adjunct Professor, University of Maryland School of Law (1999- ) Government and Public Service: Assistant U.S. Attorney (D. Md.) ( ; Chief, Environmental Crimes and Enforcement Unit, ) Honors: Leadership in Law Arard (DAILY RECORD, 2004); Charles Taylor Fellowship for Outstanding Adjunct Professor (University of Maryland School of Law, 2001) Memberships: Maryland State Bar Association (Section on Environmental Law); Francis D. Murnaghan, Jr. Appellate Advocacy Fellowship (Board Chair); Baltimore Community Law Center (Board of Directors, ) Deborah Harris, Washington, D.C. Senior Trial Attorney, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice (since 1999) B.A., J.D., University of North Carolina at Chapel Hill LL.M. (Trial Advocacy), Georgetown University Law Center Other Government and Public Service: Public Defender Service for the District of Columbia ( ); Office of the Public Defender (Maryland) ( ); Law Clerk to Hon. Frederick Weisberg (D.C. Super.) ( ) xxii

17 Barry M. Hartman, Washingtton, D.C. Kirkpatrick & Lockhart Preston Gates Ellis LLP B.A., University of Pennsylvania; J.D., George Washington University Government and Public Service: U.S. Department of Justice, Environment and Natural Resources Division (Acting Assistant Attorney General, ; Deputy Assistant Attorney General, ); Deputy Assistant to the Attorney General, 1989); Chief Counsel, Pennsylvania Department of Labor and Industry; former Deputy General Counsel to Pennsylvania Governor Richard Thornburgh; former member, Domestic Policy Council Wetlands Task Force; former member, Department of Energy Environmental Restoration Interagency Review Group; Attor ney General's Judicial Selection Committee ( ) Honors: Edmund J. Randolph Award (U.S. Department of Justice,1992) Memberships: American Bar Association; Environmental Law Institute Publications Include: Nanotechnology: An Update on Business Opportunities and Regulatory Challenges (Co-Author), J. BIOLAW & BUS. (2007); Homeland Security to Regulate Chemical Facilities (Co-Author), FACILITIES MGR. (Jan./Feb. 2007); Legal and Regulatory Frameworks for Bioremediation (Co-Author), chapter in BIOREMEDIATION: APPLICED MICROBIAL SOLUTIONS FOR REAL-WORLD ENVIRONMENTAL CLEANUP (2005); Debarment, Suspension, Contractor Listing, and Permit Blocks (Co-Author), chapter in EPA ENFORCEMENT MANUAL (1993) Thomas J. Kelly, Jr., Washington, D.C. B.A., LaSalle College; J.D., Catholic University of America (Columbus School of Law) Government and Public Service: Assistant U.S. Attorney (D.D.C.) ( ); Law Clerk to Hon. H. Carl Moultrie, (D.C. Super.) ( ) Zacchaeus Free Legal Clinic (Founder) Memberships: American Bar Association (Vice Chair, Section of Environment, Energy, and Resources; White Collar Crime Committee) ; District of Columbia Bar; National Association of Criminal Defense Lawyers; Association of Assistant U.S. Attorneys Publications Include:Risks and Rewards of Voluntary Disclosure Under EPA's Audit Policy, CONTEMP. LEGAL NOTES (Washington Legal Foundation, Aug. 2000) David S. Krakoff, Washington, D.C. Mayer Brown LLP A.B., Dartmouth College; J.D., Antioch Unive rsity Government and Public Service: Assistant U.S. Attorney (D.D.C.) ( ) Memberships: American Bar Association (Co-Chair, Environmental Crimes Cubcommittee, White Collar Crime Committee, Section of Criminal Justice); National Association of Criminal Defense Lawyers; Edward Bennett Williams American Inn of Court Publications Include: Anti-Bribery Enforcement Reaches Further (Co-Author), INT'L FINANCING REV. (Thomson Financial, 2007); For Client s Sake: Under Assault From Government And The ABA, The Privilege Needs Defenders, LEGAL TIMES (Oct. 1, 2001); ENVIRONMENTAL CRIMES CASE FROM PRETRIAL PROCEEDINGS xxiii

18 TO SENTENCING GUIDELINES, (American Bar Association, 1999); Environmental Crimes: Recent Trends, 1999 WILEY ENVIRONMENTAL LAW UPDATE; The Hidden Cost to Corporate Settlements of Environmental Prosecutions Is It Worth the Price?, ENV'T'L CORP. COUNSEL RPT. (Jan. 10, 1999); Environmental Reporting: New Criminal Exposure, METRO. CORP. COUNSEL (Mar. 1998); Establish Environmental Defenses Early, ENV'T'L COUNSELOR (Feb. 15, 1998); White Collar Blues Defending Green Crimes, LEGAL TIMES (Oct. 21, 1996; Advising Clients in the Post-Weitzenhoff Era, CRIMINAL JUSTICE (Fall 1995) Adam M. Kushner, Washington, D.C. Director, Air Enforcement Division, Office of Enforcement and compliance Assurance, U.S. Environmental Protection Agency (appointed 2004) B.A., Franklin & Marshall College; J.D., LL.M., Vermont Law School Other Government and Public Service: Former, Senior Counsel, Environmental Enforcement Section, Environment and Natural Resources Division, U.S. Department of Justice; former Assistant Regional Counsel, Region 3, U.S. Environmental Protection Agency Gregory F. Linsin, Washington, D.C. Special Litigation Counsel, Environmental Crimes Section, Environment and Natural Resources Division, U. S. Department of Justice (since 1990) B.A., Loyola University of Chicago; J.D., Antioch University Other Government and Public Service: Attorney, U.S. Department of Justice ( ); Law Clerk to Hon. Truman A. Morrison, III (D.C. Super.); Environmental Crimes Section Professional Responsibility Officer; U.S. Delegation to the Marine Environmental Protection Committee; Legal Committee of the International Maritime Organization Robert F. Meunier, Washington, D.C. Suspending and Debarring Official, U.S. Environmental Protection Agency (since 1995) B.S., U.S. Naval Academy; J.D., George Mason University Other Government and Public Service: U.S. Environmental Protection Agency: (Director, Suspension and Debarment Division ( ; Suspension and Debarment Hearing Officer, ; Grants Policy Specialist, ; Attorney-Advisor, Office of Enforcement, ); Chair, OMB Interageyncy Debarment and Suspension Committee, ; Adjunct Faculty and Lead Instructor, Federal Law Enforement Training Center, Publications Include: PRACTITIONERS' GUIDE TO SUSPENSION AND DEBARMENT (Participating Author) (American Bar Association, 1st & 2d Eds.; 3d Ed., 2002) Stacey H. Mitchell, Washington, D.C. Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice (apointed Section Chief 2007) A.B., Colby College; J.D., Tulane University Other Government and Public Service: Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice (1998- ; Assistant Section xxiv

19 Chief, ; Trial Attorney & Senior Trial Attorney, ); Assistant District Attorney, New York County, New York ( ) Peter J. Murtha, Washington, D.C. Director, Office of Criminal Enforcement, Forensics and Training, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency B.A., Bucknell University; J.D., George Washington University Other Government and Public Service: U.S. Environmental Protection Agency: Senior Counsel for the Criminal Program (appointed 2002); U.S. Department of Justice, Environment and Natural Resources Division (Senior Trial Attorney, Wildlife and Marine Resources Section, ; Senior Trial Attorney, Environmental Crimes Section, ) Bruce Pasfield, Washington, D.C. Alston & Bird LLP B.A., Gettysburg College; J.D., Vermont Law School Government and Public Service: Trial Attorney and Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice ( ) Honors: Attorney General's Distinguished Service Award (2005); DOJ Special Achievement Awards (six awards); U.S. EPA Bronze Medal (two awards for excellence in litigation) Memberships: American Bar Association (Vice-Chair, Environmental Enforcement and Crimes Subcommittee; Renewable Energy Subcommittee Publications Include: EPA's New Web-Based Whistleblower Reporting Feature, ENV'T'L COUNSELOR (July 2007); Worker Endangerment Initiative, BNA TOXIC L. RPTR. (July 2006); EPA's New Enforcement Chief Recently Announced Plans to Expand Criminal Enforcement, NACWA LEGAL PERSPECTIVES (Spring 2006) John J. Pavlick, Jr., Washington, D.C. B.S., U.S. Military Academy; J.D., University of Pennsylvania Memberships: American Bar Association (Section of Public Contract Law: Vice-Chair, Debarment and Suspension Committee; Commercial Products Committee); Board of Contract Appeals Bar Association; National Contract Management Association Publications Include: New DOD Guidance on the Berry Amendment: Still Berry After All These Years, PROCUREMENT LWR. (2007); Final SAFETY Act Rule Resolves some Questions, Generates Others, and Creates Important Procurement Linkage to the SAFETY Act, The Procurement Lawyer, 2006; PROCUREMENT LWR. (2006); Private Sector Impacts of the Defense Against Terrorism, Chapters 4, 8, 13, & 14 in HOMELAND SECURITY DESKBOOK (2006, Rev. Ed.); Learning From Katrina, LEGAL TIMES (2005);Covenant Against Contingent Fees, GOVERNMENT CONTRACTS UPDATE (2005); THE PRACTITIONER S GUIDE TO SUSPENSION AND DEBARMENT (Contributing Author) (American Bar Association, 2d Ed., 1996, & 3d Ed., 2003); Implementing the New 508 Accessibility Standards for the xxv

20 Disabled, PROCUREMENT LWR. (2001); Release of Unit Prices After McDonnell Douglas Corp. v. NASA, PROCUREMENT LWR. (2000) Steven P. Solow, Washington, D.C. Hunton & Williams LLP B.A., Brown University; J.D., New York University Professor, University of Maryland School of Law ( ); Professor and Law Clinic Co-Director, Pace University School of Law ( ); Adjunct Professor, Georgetown University Law Center and Pace University School of Law Government and Public Service: U.S. Department of Justice, Environment and Natural Resources Division, Environmental Crimes Section ( ; Chief, ; Assistant Chief, ); New York State Organized Crime Task Force (Assistant Deputy Attorney General, ); Law Clerk to Hon. Harold L. Murphy (N.D. Ga.) ( ); former Member, U.S. Attorney General's White Collar Crime Council; Outside General Counsel, MAG USA Memberships: American Bar Association; New York State Bar Association Publications Include: The State of Environmental Crime Enforcement: Survey of Developments in 2006, BNA ENV'T'L RPTR. (Mar. 2007); The McNulty Memo: The DOJ and the Waiver of the Attorney-Client Privilege, CORP. COUNSELOR (Feb. 2007); Board Oversight of Environmental Management After Sarbanes-Oxley (Co-Author), EXECUTIVE COUNSEL (Sept./Oct. 2006); The State of Environmental Crime Enforcement: An Annual Survey, BNA ENV'T'L RPTR. (Mar. 2006); Private Funding for Public Prosecutionin Complex Cases Poses Ethical Conundrum, Potential Conflict of Interest, WHITE COLLAR CRIME RPT. (Feb. 2006); Is It Time to Disclose Climate Risks? (Co-Author), EXECUTIVE COUNSEL (Sept./Oct. 2005); The State of Environmental Crime Enforcement: An Annual Survey, BNA ENV'T'L COUNSELOR (Sept. 2005); Greening the Bottom Line: Environmental Management as a Competitive Tool, EXECUTIVE COUNSEL (Fall 2004); Preventing an Environmental Violaton from Becoming a Criminal Case, NATURAL RESOURCES & ENV'T (May 2004); Criminal Negligence Prosecutions Under the Federal Clean Water Act: A Statistical Anaysis and an Evaluation of the Impace of Hanousek and Hong, ENV'T'L L. RPTR. (Oct. 2002) Robert J. Sussman, Houston, Texas Locke Liddell & Sapp PLLC B.A., Tulane University; J.D., University of Houston Board Certified in Criminal Law (Texas Board of Legal Specialization) Government and Public Service: Director, National Economic Crime Project ( ); Assistant District Attorney, Harris, County, Texas ( ; Chief, Consumer Fraud Section, )) Honors: Howard Pollack Award (University of Houston Law School) Fellow, Texas Bar Foundation Memberships: American Bar Association (White Collar Crime Committee: Co-Chair, Financial Instutituion Fraud Subcommittee; Co-Chair, Southwest Regional White Collar Crime Subcommittee); State Bar of Texas (Executive Committee, Environmental and Natural Resource Law Section); Houston Bar Association xxvi

21 (Chair, Membership Committee, ); Harris County Criminal Lawyers Association; Texas Criminal Defense Lawyers Association (White Collar Crime Committee); National Association of Criminal Defense Lawyers; International Society of Barristers David M. Uhlmann, Ann Arbor, Michigan B.A., Swarthmore College; J.D., Yale University Director, Environmental Law and Policy Program, and Public Service Fellow, University of Michigan Law School (appointed 2007) Government and Public Service: Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice ( ; Section Chief, ; Assistant Section Chief ; Trial Attorney, ); Law Clerk to Hon. Marvin H. Shoob (N.D. Ga.) ( ) Laurence A. Urgenson, Washington, D.C. Kirkland & Ellis LLP B.B.A., City University of New York (City College); J.D., Brooklyn Law School Government and Public Service: U.S. Department of Justice (Criminal Division, : Acting Deputy Assistant Attorney General; Chief, Fraud Section; Executive Director, Economic Crime Council; Chair, Securities and Commodities Fraud Working Group); Assistant U.S. Attorney (E.D. N.Y.) (Chief Assistant U.S. Attorney, ; Chief Criminal Division, Chief, Economic Crime Section, ) Honors: The Edmund J. Randolph Award for Outstanding Service (1993); Attorney General's Award for Distinguished Service (1992) Memberships: American Bar Association (Section of Criminal Law: Vice-Chair, White Collar Crime Committee, ) Publications Include: BUSINESS CRIMES BULLETIN: COMPLIANCE AND LITIGATION (Editorial Board Chair); When is Discretion the Better Part of Valor? (Co-Author), BUS. CRIMES BULL. (Jan. 2007); Is the White-Collar Defense Attorney Headed for Extinction? (Co-Author), BUS. CRIMES BULL. (May 2006); How CEOs, CFOs Can Avoid Criminal Exposure Under Sarbanes-Oxley Certification Provisions (Co-Author), BUS. CRIMES BULL. (Oct. 2002); 10 Steps in Dealing With Questionable Payments Overseas: An Updated Checklist, BUS. CRIMES BULL. (Oct. 1999); Negotiating FCA Damage Pacts: "Toolkit" for Effective Bargaining, (Co-Author), BUS. CRIMES BULL. (Jan. 1999); A Parenting Guide: Three Steps to Limit Vicarious Liability for Subsidiary Crimes, (Co- Author), BUS. CRIMES BULL. (Apr. 1998) xxvii

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