Stacey Mitchell, Partner, Environmental Enforcement, ESG

Stacey H. Mitchell

Partner

Areas of Focus

Stacey Mitchell, Partner, Environmental Enforcement, ESG

Stacey H. Mitchell

Partner

shmitchell@akingump.com

Areas of Focus

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Biography
  • Achieves successful results for clients in high-stakes criminal and civil litigation.
  • Extensive experience in incident response and crisis management.
  • Co-leader of firm’s sustainability and climate change groups.
  • Served as Deputy General Counsel at the EPA and Chief of DOJ’s Environmental Crimes Section.

Drawing on her decades of litigation experience, Stacey consistently achieves outstanding results for corporate and individual clients facing high-stakes investigations by the U.S. Department of Justice (DOJ), Environmental Protection Agency (EPA) and other regulators. She successfully defends corporations and senior executives facing criminal and civil enforcement, including obtaining acquittals in criminal jury trials and declinations of enforcement.

Stacey leverages her litigation experience to provide strategic advice to private equity, hedge funds and companies from a variety of industries including chemical, shipping, energy and automotive manufacturing (OEM) on a wide range of environmental regulatory and policy matters, including analyzing and monitoring regulations and compliance assistance, as well as developing comprehensive strategic and tactical plans to achieve regulatory objectives and direct advocacy with the agencies.

As co-leader of the firm’s sustainability cross practice group, Stacey advises her clients on the complex and rapidly evolving legal issues related to sustainability and climate change, including developing and implementing strategies, policies and procedures designed to maximize value creation and opportunity while minimizing legal risk.

Representative Work
  • Secured a jury verdict of “not guilty on all counts” on behalf of an official of the Royal Government of Cambodia charged with conspiracy and related violations of the Lacey Act, following a two-week trial in the U.S. District Court for the Southern District of Florida in Miami.
  • Obtained a dismissal of all charges of conspiracy to violate the Foreign Agents Registration Act, brought against former federal government official Bijan Rafiekian in the U.S. District Court for the Eastern District of Virginia.
  • Obtained declination of prosecution of the senior environmental manager at a global chemical company related to alleged role in violations of the Clean Water Act (CWA) and Toxic Substances Control Act (TSCA).
  • Obtained declination of criminal investigation on behalf of a construction and restoration services company in connection with its management of an asbestos abatement project.
  • Resolved parallel criminal and civil proceedings against specialty after-market vehicle supplier of diesel tuning achieving favorable resolution.
  • Represented a midstream energy company in connection with enforcement action involving alleged violations of federal Clean Air Act (CAA) air emission regulations obtaining nominal administrative resolution in lieu of referral to DOJ.
  • Represented a bulk carrier shipping company under criminal investigation in connection with allegations arising under MARPOL and the Act to Prevent Pollution from Ships, as well as the CWA.
  • Led an internal investigation at a leading exploration & production (E&P) and midstream company related to an explosion at a natural gas treatment plant and associated pipeline rupture.
  • Represented a major auto industry company in negotiation of agreement with the California Air Resources Board (CARB) to sustain year-over-year emissions reductions despite lower federal standards.
  • Advised a major chemical company on the development of its inaugural development of its double materiality assessment pursuant to the Corporate Sustainability Reporting Directive (CSRD).

"Stacey is very knowledgeable and a skilled negotiator. She is strategic, responsive and thorough."

Chambers USA Environment

Education
  • J.D., Tulane University Law School

  • A.B., Colby College

Bar Admissions
  • District of Columbia

  • New York

Recognitions
  • Kayo, Top 23 In ’23: Women Leaders In ESG, 2023.
  • The National Law Journal, D.C. Trailblazer, 2020.
  • Chambers USA, Environment, 2020-2024.
  • The Legal 500 US, Environment: Transactional, 2024.
  • National Law Journal, Energy & Environmental Trailblazer, 2018.
  • Department of Homeland Security, U.S. Coast Guard Meritorious Public Service Award, 2018.
  • Department of Justice, John Marshall Award for Outstanding Legal Achievement for Providing Legal Advice, 2013.
Affiliations and Public Service
  • Fellow, The American College of Environmental Lawyers (ACOEL)
  • Member, Leadership Council, Environmental Law Institute
  • Board member, Science Based Targets Initiative
  • Board member, The Global Fund for Children
  • Served as Deputy General Counsel at the EPA and Chief of DOJ’s Environmental Crimes Section (ECS)
  • Served as an Assistant District Attorney in the New York County District Attorney’s Office, Trial Bureau 50, Sex Crimes and Welfare Fraud Units
  • Member, Akin Washington, D.C., Women’s Initiative; Opportunity & Inclusion Council, dedicated to promoting diversity within the firm’s ranks
Speeches and Publications
  • Speaker, “Navigating the Regulatory Shift: Federal Agencies Under Trump’s Second Administration,” Webinar, January 9, 2025.
  • Podcast, “The Akin 2023 ESG Survey: Highlights, Trends and Developments,” Accelerate ESG, May 11, 2023.
  • Podcast, “SEC’s Climate Disclosure Proposal: Part 2 – Potential Legal Challenges and Vulnerabilities,” Accelerate ESG, February 2, 2023.
  • Co-author, “A Roadmap to Proposed ESG Disclosures on Form ADV,” Hedge Fund Law Report, July 12, 2022.
  • Podcast, “SEC’s Climate Disclosure Proposal: Part 1 – Impressions and Observations,” Accelerate ESG, June 10, 2022.
  • Speaker, “The SEC’s ESG Proposal - The Private Fund Manager Impact,” Webinar, June 1, 2022.
  • Speaker “Climate Change: What Boards Need to Know Now to Address Evolving Demands,” Webinar, Women Corporate Directors, November 3, 2021.
  • Speaker, “ESG: The New Wave of Investing,” 2021 Virtual Fall Annual Meeting and Education Conference, American College of Investment Counsel, October 13, 2021.
  • Co-author, “Biden Climate Push Means Fossil Fuel Cos. Must Innovate,” Law360, September 15, 2021.
  • Speaker, “Lessons from the Past for the Future of Environmental Criminal Enforcement,” Webinar, Environmental Law Institute, June 3, 2021.
  • Co-author, “Justice Department Sets Stage for More Aggressive Environmental Enforcement,” Energy Law Report, May 18, 2021.
  • Podcast, “What You Need to Know About ESG Transparency,” OnAir with Akin Gump, May 12, 2021.
  • Interview, “Responding to Climate Change and ESG: A Q&A With Akin Gump’s Cynthia M. Mabry & Stacey H. Mitchell,” Law.com, April 27, 2021.
  • Speaker, “ESG Considerations for the Energy Industry,” Webinar, 72nd Annual IEL Oil and Gas Law Conference, April 21, 2021.
  • Speaker, “Emergence of ESG Transparency – U.S. and EU Developments,” Webinar, April 15, 2021.
  • Speaker, “Integrating Environmental, Social & Corporate Governance in Corporate Practices: The Role of Counsel,” Webinar, Texas General Counsel Forum CLE, April 8, 2021.
  • Podcast, “An ESG Roadmap for Business,” OnAir with Akin Gump, April 1, 2021.
  • Co-author, “Biden’s ‘Money Cop’ to Shine a Light on ESG Disclosure,” Harvard Law School Forum on Corporate Governance, March 2, 2021.
  • Interview, “ESG: Building a Case for an ESG Ready Future,” Hart Energy, March 2, 2021.
  • Co-author, “Biden’s Climate Agenda Means Oil, Gas Cos. Must Innovate,” Law360, February 19, 2021.
  • Co-author, “How GHG Working Group’s Return Will Change Climate Policy,” Law360, February 8, 2021.
  • Speaker, “Environmental, Social and Corporate Governance (ESG) Considerations for the Energy Industry,” Webinar, Akin Energy Briefing, January 28, 2021.
  • Panelist, “Integrating Environmental, Social and Corporate Governance (ESG) in Corporate Practices: The Role of Counsel,” Webinar, Association of Corporate Counsel Houston, January 12, 2021.
  • Panelist, “Alphabet Soup of Sustainability Disclosures,” Webinar, The Deal Corporate Governance 2020, November 17, 2020.
  • Panelist, “Integrating ESG in Corporate Practices – The Role of Counsel,” Association of Corporate Counsel National Capital Region, Washington, D.C., October 6, 2020.
  • Speaker, “Climate & International Trade Briefing,” National Association of Manufacturers, June 12, 2020.
  • Panelist, “The Outlook for LNG: Impacts of Politics, ESG and FERC,” Akin Energy Briefing, Houston, Texas, January 15, 2020.
  • Speaker, “Environmental, Social and Governance in the Retail Sector,” Webinar hosted by Akin, Washington, D.C., December 18, 2019.
  • Moderator, “Just Good Business: Protecting Against Environmental Liability, Government Response and Enforcement Actions, and Congressional Investigations,” CLE Master Class, Dallas, Texas, May 15, 2019.
  • Panelist, “Getting it Right: Fake News, Due Diligence and a Strange World,” hosted by Akin, Geneva, Switzerland, May 7, 2019.
  • Panelist, “Evolving Relationship between EPA and DOJ ENRD, EPA and Future of Environmental Protection Conference,” American University Washington College of Law, Washington, D.C., April 24, 2019.
  • Speaker, “How to Remove Defamation and Other Damaging Content from the Internet,” Lorman Education Services Webinar, January 25, 2019.
  • Panelist, “DOJ and EPA Alumni on Recent Developments in Environmental Investigations and Enforcement,” American Bar Association, Section of Litigation, November 13, 2018.
  • Panelist, “Criminal Environmental Enforcement Under the Trump Administration,” D.C. Bar Environment, Energy and Natural Resources Luncheon, Washington, D.C., June 12, 2018.
  • Presenter, “Understanding and Navigating Emerging Environmental Risk,” The Institute of Internal Auditors’ 2018 General Audit Management Conference, Las Vegas, Nevada, March 13, 2018.
  • Panelist, “Environmental Law 101: Managing Environmental Compliance and Liabilities at Universities,” Akin Webinar, December 5, 2017.
  • Speaker, “A Health-y Environment: Avoiding Environmental Liability at Health Care Facilities,” Akin CLE Program, Washington, D.C., September 28, 2017.
  • Speaker, 2017 Environmental, Health & Safety Exchange Conference, The Institute of Internal Auditors, St. Louis, Missouri, September 11-12, 2017.
  • Panelist, “Litigation Forum: Keeping Your Head When Everyone Else is Losing Theirs,” Association of Corporate Counsel National Capital Region, Washington, D.C., September 7, 2017.
  • Speaker, “Regulatory Enforcement & Citizens Suits in the New Administration,” American Gas Association’s 40th Annual Legal Forum in San Diego, California, July 9, 2017.

Insights and Achievements

      Publications | Alerts

      February 28, 2025

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        Blog | Speaking Sustainability

        February 19, 2025

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            February 28, 2025

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