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David Hackett

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David Hackett advises senior management, legal departments and boards of major corporations and nonprofits on compliance, risk, environmental and sustainability matters. He has exceptional experience managing US and international compliance and environmental projects, including the evaluation and development of effective compliance and sustainability programs. He also has extensive experience litigating major civil and criminal environmental matters. David sits on multiple nonprofit boards and additionally advises many civic and nonprofit organizations across the globe. Following his tenure with the Environmental Enforcement Division of the US Department of Justice, David joined the Firm where he has played a formative role in the establishment of the Firm's compliance, environmental, climate and sustainability practices. At Baker McKenzie, David has served as the managing partner of North America, a member of the Global Executive Committee, and Chicago office managing partner. He has also been the North America Chair of both the Compliance Practice Group and the Banking, Finance and Major Projects Practice Group.

Companies must be diligent to ensure that any facility restart is being implemented in compliance with applicable environmental requirements.  While there has been some guidance at the federal and state level providing enforcement discretion for non-compliance and identifying circumstances where noncompliance will not be punished, compliance with permits and environmental regulations is expected even when circumstances have made it difficult because of COVID-19.  Further, those policies have been criticized and challenged by environmental NGOs and some states, and companies should exercise caution when relying on them.

Earlier this week, we provided guidance on the development of an “Environmental Action Plan” to address potential environmental regulatory and compliance challenges arising from the COVID-19 crisis. Our recommendations included – in the context of limited or unavailable EHS staff or resources and in response to plant shutdown orders –…

The ever-evolving COVID-19 crisis continues to pose significant challenges for industrial enterprises across the United States. Until very recently, the engines of industry continued to hum while the broader world wrestled with this unprecedented public health crisis. However, with growing constituencies across the public and private sector calling for more…

In today’s complex and uncertain world, focusing on near-term shareholder value alone is no longer enough to ensure long-term business success. Sustained value creation requires companies to manage business performance to ensure that sustainability matters that affect business value are addressed. We’re delighted to assist the World Business Council for…

On December 10, 2014, the U.S. Environmental Protection Agency (“EPA”) issued its long-awaited revisions to the definition of solid waste rule (“Final DSW Rule”) under the Resource Conservation and Recovery Act (“RCRA”). The Final DSW Rule scales back certain important RCRA recycling exemptions that were first promulgated as part of…