Environmental Law and litigation

dxp@bcltlaw.com
Tel: 415 228 5400

Davina Pujari

Davina Pujari is a partner with Barg Coffin Lewis & Trapp, LLP. She specializes in internal investigations, criminal defense of environmental and white collar crimes, and environmental civil litigation.

Davina is an experienced trial attorney who has worked for over 20 years in environmental and criminal law, handling complex matters in federal and state court. In public and private practice, Davina has tried more than 20 cases to jury or bench verdict. Davina is also an expert in regulatory and administrative forums, having worked as an enforcement attorney for the U.S. Environmental Protection Agency in Washington, D.C. and represented companies in administrative enforcement and penalty actions.

Prior to joining Barg Coffin, Davina was a Senior Assistant District Attorney in the Special Prosecutions Division of the San Francisco District Attorney’s Office. There, she prosecuted environmental crimes, working with state, federal and local agencies to investigate violations of air, water and hazardous waste laws. Many of those cases involved related white-collar offenses such as filing false reports and fraud. Davina also served as an Assistant United States Attorney in the Northern District of California (San Francisco), in the White Collar Crimes and Major Crimes Units. As a federal prosecutor, Davina investigated and prosecuted environmental cases under the Lacey Act, Endangered Species Act, Clean Water Act and other federal statutes. Davina also prosecuted and tried cases involving bribery, false statements, fraud against the government, identity theft and use of the internet for criminal purposes.

Davina began her San Francisco practice in 1996 at Landels Ripley & Diamond, LLP. At Landels, Davina represented oil, chemical, mining and biotech companies in actions brought by the U.S. EPA, the California Department of Toxic Substances Control and the Regional Water Boards and Air Districts. Many of these cases involved parallel civil and criminal proceedings, multiple investigating agencies and complex legal and technical issues.

Davina’s internal investigations have included:

Conducted internal investigation for company under criminal investigation by District Attorney’s office regarding alleged violations of state water discharge and water quality requirements. Obtained non-prosecution decision.
Conducted internal investigation for company following threats of workplace violence by employee, including interviews of supervisors, threatened employees and subject employee.
Conducted time-critical internal investigation for company victimized by employee fraud and theft. Assisted FBI and U.S. Attorney’s Office in computation of loss and identification and prosecution of co-conspirators. Negotiated civil resolutions for restitution.
Conducted internal investigation of alleged air violations made by internal whistleblower and provided recommendations for improved compliance protocols for major company.
For public agency and officials under federal criminal investigation, conducted internal investigation including interviews of hostile “whistleblower” employees. Developed response to government inquiries and worked closely with investigator and technical experts to respond to governmental concerns. Prepared presentations to U.S. Attorney’s Office and U.S. Environmental Protection Agency and negotiated non-prosecution of all subjects. Handled resulting civil referral to state enforcement agency.

Davina’s criminal cases have included:

Representation of company and employees in District Attorney investigation of alleged unlawful discharge to water and water quality violations. No charges were filed.
Representation of public agency in federal criminal investigation of alleged violations of the Clean Water Act and reporting laws. No charges were filed.
Representation of company and employees in federal criminal investigation of alleged violations of the Endangered Species Act relating to the importation and sale of listed species. No charges were filed.
Representation of individual in state criminal prosecution for alleged taking of listed species. Charges were dismissed.
Representation of individual in federal Clean Water Act prosecution for alleged falsification of reports and unlawful discharges to water. Negotiated resolution of case and reduction in sentencing guidelines calculation based on ambiguities in discharge permit.
Representation of individual in bank fraud and tax evasion case related to real estate and mortgage transactions for multiple residential properties. Obtained variance from U.S. Sentencing Guidelines and reduced sentence.
Representation of former employee of company under criminal investigation by the U.S. Environmental Protection Agency for violations of water and hazardous waste laws
Representation of individual in state prosecution for overfishing. Probation granted.
Representation of chemical company during parallel criminal/civil and state/federal investigation for labeling and marketing violations under pesticide laws.
Representation of employee in investigation and prosecution under the Act to Prevent Pollution from Ships for alleged dumping of oil in ocean.

Davina’s work in complex civil litigation includes:

Representation of oil company in toxic tort litigation involving hundreds of plaintiffs, while defending company in civil and criminal actions filed by environmental agencies.
Counseling biotech company regarding privileged internal investigation of possible violations of environmental laws governing use and reporting of chemicals.
Defense of environmental citizen suits for violations of the Clean Water Act, mining waste laws and federal hazardous waste laws.
Representation of chemical companies in allocation disputes under CERCLA and RCRA.
Defense of companies in administrative enforcement actions brought by state, federal and local environmental agencies for air, water and hazardous waste violations.

Honors

Named a "Super Lawyer" by San Francisco magazine in an annual survey of Northern California lawyers (2012)
Co-Chair of ABA White Collar Crimes Committee, Northern California Regional Subcommittee (2012)
Department of Justice Director's Award for Superior Performance as an Assistant United States Attorney (2002)
Certificate of Appreciation, Bureau of Alcohol, Tobacco and Firearms, for outstanding efforts in Project Exile/Triggerlock II (2001)
Certificate of Appreciation, U.S. Postal Inspection Service, for outstanding contributions (2001)
Recognition, U.S. Fish & Wildlife Service, for efforts in wildlife conservation (2001)
Recognition, Point Reyes National Seashore, for prosecution of resource destruction (2001)
Wiley W. Manuel Award for Pro Bono Legal Services (1999)
Medal for Commendable Service, U.S. Environmental Protection Agency (1994)