October30, 2009

2009 ELI Fall Practice Update

A critical component of the ELI Award Dinner activities is the annual Practice Update, held each year on the day following the Dinner. The Update is a half-day seminar addressing important issues in environmental law and management. The Update allows practitioners to both learn about and share their views on cutting edge environmental legal issues. In 2009 the Update included two programs:

Advising Clients on the New Climate and Energy Landscape

Panelists discussed what environmental professionals need to consider when advising clients on the new regulatory landscape. What will be the impacts on the major industries, and what potential future opportunities and pitfalls do you need to highlight? Also, what it means to be an environmental lawyer, consultant, activist, expert, or policymaker has been fairly stable over the past 20 years. But change is afoot, not just because of climate and energy reforms, but also because of changes in the economy. The panelists discussed how environmental issues are managed by companies; how environmental practices are positioned within law firms; the changing role of government and of environmental groups; the nature of consulting practice versus law practice; and future kinds of environmental law practice in a world of climate change and climate change regulation. This panel discussed the roles of environmental practitioners in a world of cap-and-trade and energy markets.

Speakers:
Michael B. Gerrard, Director, Center for Climate Change Law, Columbia Law School (moderator)
John C. Cruden, Acting Assistant Attorney General-ENRD, U.S. Department of Justice
Cale A. Jaffe, Senior Attorney, Southern Environmental Law Center
John Quinn, Director of Environmental Issues, Constellation Energy
Benjamin F. Wilson, Managing Principal, Beveridge & Diamond, P.C.

Downloads:
MP3 recording of the first session
Forum Article

The New Frontier of Cross-Border Enforcement

Environmental enforcement to date has been focused mostly on enforcement of environmental laws at home in the United States. Increasingly, however, EPA, the Department of Justice, and other agencies are focusing their sights at the border. Increasingly, enforcement is occurring as U.S. companies import products that fail to meet domestic environmental standards, and “enforcement at the border” appears to be a growing trend currently in its infancy. This panel discussed the issues involved in cross-border movement of imported items, from parts and components to manufactured goods, the increased enforcement scrutiny at the border, and steps attorneys can take to counsel companies on avoiding enforcement issues.

Speakers:
Roger R. Martella, Jr., Partner, Sidley Austin LLP (moderator)
Thomas Carroll, Senior Attorney, Environmental Enforcement Section, U.S. Department of Justice
Joel M. Gross, Partner, Arnold & Porter LLP
Adam Kushner, Director, Office of Civil Enforcement, U.S. EPA
Ronald J. Tenpas, Partner, Morgan, Lewis & Bockius LLP

Downloads:
MP3 recording of the second session
Mobile Source Enforcement at the Border
EPA News Release
Clean Air Act Information Sheet
Clean Air Act Settlement