ENVIRONMENTAL CRIMINAL DEFENSE

Criminal Defense under the Clean Water Act 

We successfully defended a case involving alleged criminal violations of the Clean Water Act arising out of a crude oil pipeline rupture that caused the largest inland waterway spill in U.S. history. Approximately 863,000 gallons of oil were released to a small Missouri river. Settlement negotiations resulted in a plea to a misdemeanor violation of the Rivers and Harbors Act (strict liability statute) and a civil settlement with the state of Missouri. Negotiations also resulted in agreement for non-prosecution of company employees. 

Thompson Coburn attorneys also defended a publicly held client in a case involving alleged violations of the Clean Water Act due to the discharge of ammonia into navigable waters. Settlement negotiations with the U.S. Attorney resulted in a favorable plea agreement for the company and civil settlement with the state of Missouri. 

We defended a client involved in alleged criminal violations of environmental laws due to the release of liquid animal fat into a rural stream. Settlement negotiations with the U.S. Attorney resulted in a favorable plea agreement for client and a decision not to prosecute any of the client’s employees.

Criminal Charges in Styrene Case Reduced and then Dismissed 

Our attorneys represented a publicly traded client charged in Texas in connection with an alleged styrene discharge and fish kill. Thompson Coburn successfully negotiated a reduction in charges, and then, based on the results of an investigation by Thompson Coburn and its client, persuaded the prosecutor to agree to pre-trial diversion, after which all charges were dropped.

Grand Jury Investigation Resulting in No Indictment 

We represented a subsidiary of a publicly held company that was a target of a grand jury investigation for alleged environmental damage to a special status stream from a catastrophic release of mine waste. We negotiated a settlement with the state for minimal civil penalties and the U.S. Attorney declined to present for indictment.

Complete Acquittal in Case Involving Nuclear Power Plant Heat Shields 

Thompson Coburn attorneys defended a company and its chief executive in a case that involved alleged violations for making false statements in reporting test results of fire barrier material used in numerous nuclear power plants. A criminal investigation was initiated by the Nuclear Regulatory Commission, assisted by the EPA, and the EPA also initiated separate government contract suspension procedures. Following a 10-week trial in Maryland, the jury acquitted the defendants of all criminal charges. The EPA also dismissed the government contract suspension proceedings.

Favorable Resolution of Criminal, Civil and Tort Claims related to Waste Disposal 

We defended a felony prosecution of a publicly traded company, brought under RCRA, CERCLA and the federal Clean Water Act, relating to alleged unlawful waste disposal. We represented the client in grand jury proceedings, with respect to multiple subpoenas and in a plea negotiated with the U.S. Attorney’s office. We then represented a company employee who was facing a multi-count felony indictment. The employee refused to plea and, in the face of motions to dismiss and on the eve of trail, the prosecutor agreed to pre-trial diversion which led to a complete dismissal of all charges. Thompson Coburn also counseled the corporate client regarding cleanup activities, and handled and resolved all civil enforcement proceedings and hundreds of personal injury and property damage suits arising out of the matter.

Favorable Plea in a Hazardous Waste Disposal Case 

Thompson Coburn also defended a client in a case involving alleged violations of Resource Conservation and Recovery Act due to improper disposal of hazardous waste. Settlement negotiations with the U.S. Attorney resulted in a favorable plea agreement for Thompson Coburn’s client and in a decision not to prosecute our client’s publicly traded parent corporation or certain company employees.