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<br />SPENCER FANE <br />B R I T T ~ B ROW N E '" <br />ATTORNEYS & COUNSELORS AT LAW <br /> <br />. <br /> <br />Criminal Liability <br />While the Firm sincerely hopes that its clients do not face criminal sanctions, the fact remains <br />that environmental prosecutors aggressively are bringing criminal proceedings against individuals and <br />companies in a wider range of circumstances than was typical only a few years ago. The Firm's <br />environmental lawyers include a former member of the Justice Department's Criminal Tax Section <br />and two former members of the Army Judge Advocate General's Corps. These and other members <br />of the Firm's environmental practice group regularly write and speak on environmental criminal <br />liability and preventive measures to avoid such liabilities. The Firm has represented clients on several <br />occasions with respect to environmental criminal matters and regularly advises clients on compliance <br />issues with criminal implications. <br /> <br />Environmental Assessments and Real Property Transactions <br />The Firm has assisted industrial property buyers, sellers, and lenders to recognize potential <br />environmental liabilities and to negotiate transaction terms that address those liabilities. The Firm has <br />conducted or supervised numerous environmental assessments and due diligence reviews in <br />connection with these transactions. <br /> <br />Firm lawyers during these reviews often determine a facility's environmental compliance under <br />local, state, and federal laws and determine the extent of any environmental problems for which the <br />parties might become liable. They then help the parties negotiate solutions to any problems that are . <br />revealed. <br /> <br />Regulatory and Legislative Proceedings <br />The Firm has been active in shaping environmental laws, regulations, and ordinances that <br />affect its clients. <br /> <br />The Firm's lawyers worked on behalf of the waste management industry regarding Missouri's <br />solid waste and hazardous waste laws and contributed significantly to the drafting ofthose statutes. <br /> <br />The Firm has worked to achieve modifications and exemptions to hazardous waste laws <br />passed by state legislatures and city councils that would have had significant impacts on its clients' <br />businesses. <br /> <br />Firm lawyers have appeared numerous times before the Missouri Hazardous Waste <br />Management Commission to comment upon proposed hazardous waste regulations. These <br />appearances have included the submission of substantial oral and written presentations to support the <br />positions of the affected clients. As part of their efforts to shape environmental regulations, Firm <br />lawyers have negotiated extensively with state regulators on behalf of their clients concerning the <br />content of hazardous waste and air regulations. <br /> <br />. <br /> <br />6 <br /> <br />WA506775.1 <br />