Environmental Consent Decrees: Negotiation Strategies, Available Defenses, Modifications, Pitfalls to Avoid

This CLE course will guide lawyers in negotiating consent decrees for violations of environmental regulations. Our panel will offer violation-specific best practices and present fellow practitioners with mission-critical pointers on the negotiation and drafting of critical consent decree clauses. The panel will also address how to avoid missteps in negotiating modifications of consent decrees after entry.

Negotiating settlement for violations of environmental regulations is a long and potentially arduous process. Negotiations over the resulting consent decree may have occurred against a continually shifting landscape over several years. The replacement of critical decision-makers, changes in the law, and differing enforcement priorities from one administration to the next can create significant challenges to crafting a long-range solution.

During the negotiation process, practitioners representing enforcement targets must also consider the potential for litigation if settlement is unattainable. This requires an ongoing evaluation of potential defenses and readiness to downshift into trial prep and a deep enough understanding of the issues and stakes to offer strategic advice on approaches to maximize the benefits of the process. Consent decree obligations may be more agreeable, for example, if the terms provide the target a strategic advantage over competitors regarding cost or innovation.

Listen as our panel of environmental attorneys shares from their deep experience negotiating consent decrees and provides other practitioners fresh insight on navigating the process, pitfalls to avoid, and how to maximize potential advantages along the way.