Skip to Main Content

The State of Environmental and Workplace Safety Criminal Enforcement in 2015

Published in Bloomberg BNA's Daily Environment Report
Article | April 8, 2016

This article describes potential changes that lie ahead for environmental criminal enforcement by the federal government. These changes are being driven by two memoranda issued by Deputy Attorney General Sally Quillian Yates in 2015 that address the government’s strengthened focus on individual accountability in corporate crime, and the effort to expand the scope of criminal enforcement related to workplace safety. The article discusses the combined impact of these enforcement paths and the challenges the government may face. The article includes:

  • analysis of the combined impact of the two Yates memoranda on environmental and workplace safety criminal enforcement and the resulting potential pitfalls for the government in prosecuting such cases;
  • an interview with Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health;
  • an examination of the possible criminal liabilities for government employees involved in the Flint, Michigan water crisis and the Gold King Mine spill; and
  • updates and analysis of 171 pollution cases prosecuted in 2015, including the prosecutions of PG&E, Donald Blankenship and Deepwater Horizon.

*Katherine V. Barajas, an associate in the Environmental and Workplace Safety practice and candidate for admission to the Washington, DC Bar, contributed to this article.

Reproduced with permission from Bloomberg BNA, Daily Environment Report, (April 8, 2016) by the Bureau of National Affairs, Inc. Copyright 2016.

Katten Websites   Careers  |  Alumni  |  Mobile Site
Contact Us   Offices  |  Media Center  |  People  |  Email
Legal Notices   Disclaimer  |  Privacy Notice  |  Cookie Notice  |  United Kingdom Notices  | Accessibility 
Attorney Advertisting. © 2019 Katten Muchin Rosenman LLP