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34 ALI-ABA Bus. L. Course Materials J. 1 (2010)

handle is hein.ali/bucomatj0034 and id is 1 raw text is: ALl ABA Business Law course materials journal Mark T Carroll, Editor Herb Powell, Production and Desig~n Joseph Mendicino, Circulation Manager THE AMERICAN LAW INSTITUTE- AMERICAN BAR ASSOCIATION CONTINUING PROFESSIONAL EDUCATION BOARD OF DIRECTORS Maury B. Poscover, President Roberta Cooper Ramo, Honorary Chair Carolyn B. Lamm, Honorary Chair Tsan Abrahamson Jennifer Busby Corinne Cooper Michael E. Flowers Leonard H. Gilbert Thomas Z. Hayward, Jr. Peter M. LaSorsa JohnJ. McKetta, III Bettina B. Plevan Barbaraj. Rothstzein John R. Tarpley Steven 0. Weise Julene Franki, Executive Director Bennett Boskey Ex Officio Lance Liebman Ex Officio Henry F White,Jr. Ex Officio ALl-ABA has a history of outreach to underrcprcscntcd groups in the legal community and is firmly committed to providing a wecoming environment and ensuring that the attorneys who speak and write for our organization represent the inereasing diversity of our profession. We weleome suggestions for new speakers and authors to support the full participation of all of the talent in our profession. volume 34 1numberi I Ifebruary 2010 Look Before You Leap: DPAs, NPAs, And The Environmental Criminal Case Joseph G. Block and David L. Feinberg 7 An indictment in an environmental criminal case means public embarrassment and reputational damage. With these impacts in mind, the prospect of a Deferred Prosecution Agreement CDPA) or a Non-Prosecution Agreement (NPA) might simply be viewed as the next best thing to a declination. But these types of agreements-which have become prevalent over the last several years-cannot be entered into lightly. Environmental criminal defense counsel weighing whether a DPA or NPA is in the corporate client's best interests should know that, despite recent reforms, prosecutors still wield great discretion in this realm, that the agreement might place onerous demands on the company, and that the agreement, while staying and avoiding prosecution, might nevertheless invite other substantial consequences. Updatedfrom the ALl-ABA Course of Study Criminal Enforcement of Environmental Laws, May 14, 2009. Was That RIF Discriminatory? Brian East 25 Reductions in force (RJFs) are traditionally seen as a safe reason for terminating someone because the economic or other business reasons behind them are normally legitimate, nondiscriminatory reasons for termination. But RIFs cannot be used as a means to discriminate. Updatedfrom the AL-ABA Course of Study Current Developments in Employment Law: The Obama Years, March 5- 7, 2009. Renewable Energy And Land Use Regulation (Part 1). Patricia F. Salkin 47 Global warming, climate change, reducing greenhouse gas emissions, reducing the carbon footprint, and going green are just some of the buzz words in the news that have captured the attention of lawmakers and policymakers at all levels of government. In Congress, lawmakers have proposed, among other things, mandating standards to reduce greenhouse gas emissions, and governors across the country have announced myriad programs designed to encourage government use of green products, the construction of green buildings, and the offering of a combination of tax incentives and grants for private developers and other members of the public who develop and install various renewable energy products. Updated from the ALI-ABA Course of Study Land Use Institute: Planning, Regu- lation, Eminent Domain, and Compensation, cosponsored by the Center for Urban Redevelopment Education, Florida Atlantic Universipy, March 5-27 2009. To purchase the online version of this issue, go to www.ati-aba.org. Back issues, individual articles, and forms are also available there. The AU-ABA Business Law Course MaterialsJournal (ISSN 0! 145-6342) is published bimonthly by American Law Institute-American Bar Association Continuing Professional Education. Pubtiostion office: 4025 Chestnut Street, Philadelphia, Pa. 19104-3099. Editorial -(215) 243-1604;1 circulation -(215) 243-1640. Subscription rate: $59 a year. A single issue is S 14. Periodieals postage is paid at Philadelphia, Pa., and at an additional entry office. POSTMASTER: Send address ehanges to AM-ABA Business Law Course Materials journal, 4025 Chestnut Street, Philadelphia, Pa. 19104-3099. Copyright C 2010 by 'Ihe Ameriean Law Institute. Nothing in this periodical should be considered as the rendering of legal advice. Nonlawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in this periodical is still current and applicable at the time it is read. Neither ALI-ABA nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to be completely free of errors when published. Readers should verify statements before relying on them. TJ'e materials in this periodical reflect the viewpoints of their authors and do not necessarily express the opinions of ALl-ABA Continuing Professional Education or its sponsors.