Stacey H. Mitchell

Partner

Areas of Focus

Stacey H. Mitchell

Partner

shmitchell@akingump.com

Areas of Focus

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Biography
  • Handles complex criminal and civil litigation.
  • Co-leader of firm’s ESG and climate change groups.
  • Extensive experience in crisis management and reputation recovery.
  • Served as Deputy General Counsel at the EPA and Chief of the DOJ’s Environmental Crimes Section.

Stacey Mitchell’s practice includes providing strategic advice to domestic and international companies and funds on a wide range of environmental regulatory and policy matters, including climate change risk, environmental, social and governance (ESG) considerations and compliance assistance. As co-leader of the firm’s ESG cross practice group, Stacey advises clients on the complex and rapidly evolving legal issues related to ESG and climate change. Stacey frequently assists these clients including private equity and hedge fund firms, as well as corporations from a variety of industries including chemical, shipping, energy and automotive manufacturing (OEM), to develop and implement ESG strategies, policies and procedures designed to maximize opportunity while minimizing risk.

Drawing on more than 25 years of litigation experience, Stacey represents clients in complex criminal and civil litigation. She has particular experience in crisis management, including managing the tensions between business-critical decisions and developing defensive litigation strategy.

Stacey has held senior legal roles in government at the federal level. She served as Deputy General Counsel at the Environmental Protection Agency (EPA) and Chief of the U.S. Department of Justice’s (DOJ) Environmental Crimes Section (ECS). She brings a deep understanding of the inner workings of both agencies, applying her insight to help clients mitigate crises and in developing and maintaining robust compliance programs.

Stacey began her legal career in the New York County District Attorney’s office, trying dozens of bench and jury trials, including a “cold case” homicide. She also served as a member of the Sex Crimes and Welfare Fraud Prosecution units.

Representative Work
  • Represented a major auto industry company in negotiation of agreement with the California Air Resources Board to sustain year-over-year emissions reductions despite lower federal standards.
  • Represents 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 Clean Water Act.
  • Represents a specialty after-market vehicle supplier in resolution of parallel criminal, civil and related administrative suspension and debarment proceedings relating to potential disqualification from participation in federal contracts and related subcontracts.
  • Represents a mid-stream energy company in connection with enforcement action involving alleged violations of Federal CAA air emission regulations.
  • Obtained declination of prosecution of the senior environmental manager at a global chemical company related to alleged role in violations of CWA and TSCA violations.
  • Obtained declination of criminal investigation on behalf of a construction and restoration services company in connection with its management of an asbestos abatement project.
  • Led an internal investigation at a leading E&P and midstream company related to an explosion at a natural gas treatment plant and associated pipeline rupture.
  • Advises companies, boards and investment funds on how to define ESG goals, set strategies and develop and implement disclosure and reporting policies; perform ESG diligence on debt and equity investments; and craft sustainability clauses for inclusion in contracts.
  • At the EPA, advised the administrator and other senior leaders on legal and policy issues and options, including in the context of the agency’s development of regulations related to water, waste, pesticides and toxic substances. Spearheaded the agency’s legal response to oversight by Congress, including in relation to the Clean Water Rule and the Flint, Michigan, water crisis.
  • While at the DOJ, ran an office of more than 40 prosecutors handling federal pollution and natural resource criminal matters nationwide. Worked closely with personnel in the United States Attorney’s Office, as well as with officials in the departments of the Interior and Commerce and the United States Coast Guard.

"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 to 2023.
  • National Law Journal, Energy & Environmental Trailblazer, 2018.
  • Recipient, Department of Homeland Security, United States Coast Guard Meritorious Public Service Award, April 2018.
  • Recipient of the DOJ’s John Marshall Award for Outstanding Legal Achievement for Providing Legal Advice, October 2013.
Affiliations and Public Service
  • Fellow, The American College of Environmental Lawyers (ACOEL).
  • Member, Leadership Council, Environmental Law Institute.
  • Co-chair, Akin Gump Women’s Initiative, Washington, D.C. office.
  • Member, Akin Gump Washington, D.C., Inclusion Council, dedicated to promoting diversity within the firm’s ranks.
  • Board member, The Global Fund for Children.
  • Served as Deputy General Counsel at the EPA and Chief of the DOJ’s ECS.
Speeches and Publications
  • Speaker, “Lessons from the Past for the Future of Environmental Criminal Enforcement,” Webinar, Environmental Law Institute, June 3, 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.
  • Speaker, “Environmental, Social and Corporate Governance (ESG) Considerations for the Energy Industry,” Webinar, Akin Gump 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 Gump’s Energy Briefing, Houston, Texas, January 15, 2020.
  • Speaker, “Environmental, Social and Governance in the Retail Sector,” Webinar hosted by Akin Gump, 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 Gump, 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 Gump Webinar, December 5, 2017.
  • Speaker, “A Health-y Environment: Avoiding Environmental Liability at Health Care Facilities,” Akin Gump 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

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    March 12, 2024

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