Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
Misty Howell
Senior Associate Global Regulatory
Misty’s work spans key federal environmental statutes, including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act, and CERCLA. Her practice is cross‑jurisdictional, and she has advised clients in matters involving laws ranging from international treaties to state regulations to local ordinances—experience that strengthens her ability to navigate cross‑border enforcement issues, particularly as substances like PFAS face heightened scrutiny abroad.
She counsels clients in the manufacturing, chemicals, healthcare, and consumer products sectors, where regulatory compliance and enforcement issues are closely tied to evolving science and industrial processes. A core aspect of her practice is translating technical and scientific information into clear legal strategy. She works closely with engineers, toxicologists, epidemiologists, and other subject‑matter experts to assess what was known at the time decisions were made, evaluate technical assumptions, and help regulators understand the operational realities underlying alleged noncompliance.
Misty brings a perspective informed by white‑collar and litigation experience, as well as a background rooted in manufacturing and energy‑intensive industries. Having grown up around manufacturing and spent time working on factory floors, she understands the practical pressures, incentives, and constraints faced by line‑level operations. This experience allows her to frame compliance efforts, intent, and risk in a grounded and credible way when engaging with regulators.
Represent a major multinational conglomerate before DOJ, EPA, state authorities, and foreign regulatory and legislative bodies related to a broad range of environmental issues relating to PFAS.
Represent a multinational agricultural company in permit‑challenge proceedings before EPA and a state environmental agency, successfully obtaining removal of numerous terms from the final permit.
Represent a secondary lead recycler in multi‑agency enforcement and compliance matters involving the Clean Air Act, RCRA, and CERCLA.
Advise multiple entities on ESA and CITES compliance and enforcement issues, including representing an entity in a voluntary self‑disclosure resulting in no enforcement action.
Advised a senior automotive executive indicted in a U.S. criminal case arising from a diesel‑emissions defeat‑device investigation, including counseling on related foreign extradition matters.*
Represented multiple entities in resolving alleged Clean Air Act violations in enforcement investigations by EPA and state environmental agencies.*
Represented a target of a criminal investigation involving alleged RCRA violations arising from the use and disposal of a restricted‑use pesticide, resulting in no enforcement action.*
Advised multiple clients in high‑profile congressional and oversight investigations, including matters connected to impeachment proceedings and other politically sensitive inquiries.*
*Matter handled prior to joining Hogan Lovells.