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February 2017

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February 3, 2017
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An ELI-cosponsored public event

As a new party takes power in Washington, 2017 promises seismic shifts in energy and environmental policy in the United States and around the world.
 
Please join the Society of Environmental Journalists (SEJ) at the Wilson Center for the launch of SEJ's new report, "Journalists' Guide to Energy and Environment 2017," presented by SEJ Board President and Climate Central Senior Science Writer Bobby Magill. The presentation will be followed by a panel discussion with six leading reporters and editors from Associated Press, Politico, MongaBay, Washington Examiner, and more to be confirmed.
 
A reception and photography exhibit launch will follow the event.

- See more at: https://www.wilsoncenter.org/event/journalists-guide-to-energy-environment-2017#sthash.s1JRu9XP.dpuf

As a new party takes power in Washington, 2017 promises seismic shifts in energy and environmental policy in the United States and around the world.
 
Please join the Society of Environmental Journalists (SEJ) at the Wilson Center for the launch of SEJ's new report, "Journalists' Guide to Energy and Environment 2017," presented by SEJ Board President and Climate Central Senior Science Writer Bobby Magill. The presentation will be followed by a panel discussion with six leading reporters and editors from Associated Press, Politico, MongaBay, Washington Examiner, and more to be confirmed.
 
A reception and photography exhibit launch will follow the event.

- See more at: https://www.wilsoncenter.org/event/journalists-guide-to-energy-environment-2017#sthash.s1JRu9XP.dpuf

As a new party takes power in Washington, 2017 promises seismic shifts in energy and environmental policy in the United States and around the world. The Society of Environmental Journalists (SEJ) at the Wilson Center held a presentation for the launch of SEJ's new report, "Journalists' Guide to Energy and Environment 2017," presented by SEJ Board President and Climate Central Senior Science Writer Bobby Magill. The presentation was followed by a panel discussion with reporters and editors. A reception and exhibit opening followed the event.

Panelists:
Monica Trauzzi, Managing Editor & Host, E&ETV (moderator)
Seth Borenstein, Science Writer, Associated  Press
Darryl Fears, The Washington Post
Mike Gaworecki, Staff Writer and Editor, MongaBay
Bobby Magill, Senior Science Writer, Climate Central
Amena Saiyid, Water Reporter, Bloomberg BNA
Annie Snider, Energy and Water Reporter, Politico
John Siciliano, Energy & Environment Correspondent, Washington Examiner

Materials:
Bobby Magill presentation

To view a recording of the event, please go HERE.

The reception was supported by the Environmental Law Institute, The Nature Conservancy, and the Wilderness Society.

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February 8, 2017
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This program was sponsored by the International Environmental and Resource Law Committee of the D.C. Bar Environment, Energy and Natural Resources Section and cosponsored by the Environmental Law Institute


What does the outcome of the 2016 elections mean for federal environmental policy? Although these issues played a minor role in the election, they pose numerous challenges for federal policymakers. What will be the environmental priorities of the new administration? What environmental legislation might be enacted by the 115th Congress? Three distinguished D.C.-based journalists addressed these and other issues.

Panelists:
Jeremy Bernstein, Inside Washington Publishers
Josh Kurtz, Environment and Energy Daily Editor, E&E Daily
John Siciliano, Energy & Environment Correspondent, Washington Examiner
Poeter Oppenheimer, NOAA Office of General Counsel (moderator)

 

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February 9, 2017
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An ELI Public Seminar

There is a strong global movement to combat wildlife trafficking and protect endangered species from overexploitation and the United States is taking its international obligations and commitments seriously. In 2013, President Obama issued Executive Order 13648, recognizing wildlife trafficking as an “international crisis that continues to escalate.”  Whistleblowers play a crucial role in prosecuting wildlife traffickers. However, the majority of potential whistleblowers, in any situation, never come forward. Congress addressed this issue by creating whistleblower reward laws, the successes of which have been profound, strengthening the ability of the government to detect and prosecute crime. In total, whistleblower rewards laws have resulted in over $50 billion in fines and penalties and over $3.5 billion in compensation to whistleblowers. Both the Lacey Act and Endangered Species Act include language providing monetary incentives to persons who disclose information about wildlife crimes, but these provisions have not been effectively implemented.

In this seminar, experts explored how whistleblowers around the world can report wildlife crime and receive monetary awards under U.S. laws like the Lacey and Endangered Species Acts.

Learn about the National Whistleblower Center’s work to combat wildlife trafficking at www.whistleblowers.org/wildlife.

Panelists:
Crawford Allan, Senior Director – Wildlife Crime, TRAFFIC, World Wildlife Fund
Stephen M. Kohn, Co-founder & Executive Director, National Whistleblower Center
Alexander "Sascha" von Bismarck, Executive Director, Environmental Investigation Agency

Materials:
If you are an ELI member and are logged onto the Member site, you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to learn more about the many benefits of membership and how to join.

 

February 9, 2017 - February 10, 2017
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Please see the conference website for a full agenda/speaker information.

Why You Should Attend

Don’t miss your opportunity to stay current in this ever-changing area of law! In just two days, balanced panels explore the key developments in our natural resources, climate, chemicals, and endangered species, as well as what’s ahead from the Supreme Court and a new administration and Congress.

The first national program of its kind, this course has become the place for lawyers and environmental professionals from across the country to come together to explore the latest developments and emerging trends in the field of environmental law. This year, on the heels of a new administration, don’t miss your change to get insights on what we can expect for the next four years!

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes in the many interconnecting facets of environmental law that may affect your practice and your clients. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and provide context on their intersections.

Featuring a national faculty of seasoned private practitioners, senior governmental officials, in-house counsel, law professors, and public interest advocates, this year’s program will provide insights and update you on:

  • Expectations for a new administration and a new Congress
  • Supreme Court cases granted review in the coming term
  • Significant recent CERCLA litigation and regulation
  • Clean Power Plan litigation/implementation
  • New TSCA legislative requirements
  • New state rules concerning groundwater
  • Mitigation banking
  • CEQ final guidance on consideration of climate change in environmental reviews
  • SEC disclosure requirement for contingent environmental liabilities
  • Wildlife trafficking

Get the updates you need, network with colleagues and speakers from across the country, and have your most pressing questions answered by a diverse and experienced faculty.

Who Should Attend

This course benefits private and governmental attorneys who are engaged in the practice of environmental law as well as environmental consultants, in-house attorneys, and public interest attorneys.

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February 9, 2017 - February 10, 2017
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Please see the conference website for a full agenda/speaker information.

Why You Should Attend

Don’t miss your opportunity to stay current in this ever-changing area of law! In just two days, balanced panels explore the key developments in our natural resources, climate, chemicals, and endangered species, as well as what’s ahead from the Supreme Court and a new administration and Congress.

The first national program of its kind, this course has become the place for lawyers and environmental professionals from across the country to come together to explore the latest developments and emerging trends in the field of environmental law. This year, on the heels of a new administration, don’t miss your change to get insights on what we can expect for the next four years!

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes in the many interconnecting facets of environmental law that may affect your practice and your clients. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and provide context on their intersections.

Featuring a national faculty of seasoned private practitioners, senior governmental officials, in-house counsel, law professors, and public interest advocates, this year’s program will provide insights and update you on:

  • Expectations for a new administration and a new Congress
  • Supreme Court cases granted review in the coming term
  • Significant recent CERCLA litigation and regulation
  • Clean Power Plan litigation/implementation
  • New TSCA legislative requirements
  • New state rules concerning groundwater
  • Mitigation banking
  • CEQ final guidance on consideration of climate change in environmental reviews
  • SEC disclosure requirement for contingent environmental liabilities
  • Wildlife trafficking

Get the updates you need, network with colleagues and speakers from across the country, and have your most pressing questions answered by a diverse and experienced faculty.

Who Should Attend

This course benefits private and governmental attorneys who are engaged in the practice of environmental law as well as environmental consultants, in-house attorneys, and public interest attorneys.

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February 13, 2017
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Staying on top of the legal and policy developments in the climate change arena is no small task. As a special service to our members, the Environmental Law Institute provides a series of monthly conference calls with national experts on climate law and policy to keep you up to date and to answer your questions.

SmokyPlanet

Topics addressed in this month's call:

  • Nomination of Gorsuch to SCOTUS and what it means for climate cases
  • Climate change positions taken by Trump cabinet nominees at their hearings
  • Impact of the Trump Executive Order on regulation on future climate rulemakings
  • Action under the CRA to disapprove the BLM venting and flaring rule<
  • Discussion of the carbon tax proposed by James Baker, et al.
  • The Maryland legislature overrode Governor Hogan’s veto of legislation raising the state’s renewable portfolio standard to 25% by 2020.
  • There has been several significant developments that impact California’s climate mitigation work; legislation was introduced to extend the state’s cap-and-trade program for GHG emissions until 2030; CARB announced the appointment of its first environmental justice executive officer to incorporate the concerns of disadvantaged citizens into its decision-making; and EPA Administrator nominee Scott Pruitt refused to commit to continue providing California a waiver under the CAA to set stricter pollution standards.
  • New York State has taken several steps on adaptation issues; it finalized a regulation establishing statewide science-based sea-level rise projections to be used in certain permitting and decision-making processes; and the state released a final Ocean Action Plan, which included increasing resilience to climate change impacts.
  • Bay Area: Resilient By Design Challenge, modeled after the Rebuild by Design challenge that catalyzed innovative project design in the New York-New Jersey region after Sandy.

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Manik Roy, Consultant [formerly, ClimateWorks Foundation]
Robert Sussman, Principal, Sussman & Associates

Materials:
If you are an ELI member and are logged onto the Members site, you will see links below to available materials/recordings from this session. If you are not an ELI member but would like to have access to archived sessions like this one, go HERE to see the many benefits of membership and how to join.


ELI Monthly Climate Briefings are made possible by the
generous support of our institutional members.


NOTE: This call/recording is for ELI members only. No comments may be quoted
or used without the express written permission of ELI and the panelist.

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February 16, 2017
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This program was sponsored by the Air Quality Committee of the D.C. Bar Environment, Energy and Natural Resources Section and cosponsored by the Environmental Law Institute and ABA SEER


Our experts discussed how they expect the Congressional Review Act to be used in the new congress. Panelists offered presentations and answered questions about how this little-used high-profile statute might be invoked to rollback recent regulations including possible amendments to the Act that could streamline its use, and regulations that might be subject to the Act.

Speakers:
Holly Fechner, Partner, Covington & Burling LLP (moderator)
Sam Batkins, Director of Regulatory Policy, American Action Forum
Jeff Lubbers, Professor of Practice in Administrative Law, American University
Amit Narang, Regulatory Policy Advocate, Public Citizen

February 16, 2017
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On January 25, 2017, in his first week in office, President Donald Trump signed an Executive Order calling for the “immediate construction of a physical wall on the southern border” of the United States. Such a wall would span more than a thousand miles, across many different habitats and many different communities. Before a wall will be built, numerous questions are left to be answered. Do environmental laws apply? How might all this work?

This webinar convened experts to discuss how environmental law and policy may interact with the border wall EO. The goal was to spark discussion about important environmental resources and communities along the border.

Panelists:
Dan Millis
, Sierra Club
Andy Gordon, Coppersmith Brockelman
Sarah Krakoff, Colorado Law
Sarah Burt, Earthjustice

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February 22, 2017
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Sponsored by ABA SEER's Pesticide, Chemical Regulation, and Right-To-Know Committee.
Co-sponsored by ABA SEER's Special Committee on Congressional Relations, Arnold & Porter Kaye Scholer LLP, and ELI.


This session reviewed EPA’s progress in implementing the 2016 amendments to the Toxic Substances Control Act (TSCA). The effect that the change in Administrations may have and the oversight role of the new Congress was covered by an expert panel. The panel also discussed the regulatory actions EPA has taken, those the Agency is required to still take during 2017, and how EPA’s efforts reflect priorities and deadlines under the amended statute. The topics reviewed included recent regulatory proposals issued pursuant to the amended Section 6(a) of TSCA. The status of the proposed prioritization and risk evaluation rules, the Inventory rule involving “active” and “inactive” designations, and the scope of risk evaluations EPA will undertake on the first 10 existing chemicals selected for review under the amended statute also were evaluated for their legal and policy implications.

Panelists:
Larry Culleen, Partner, Arnold & Porter Kaye Scholer LLP
Lynn Bergeson, Managing Partner, Bergeson & Campbell, P.C.
Wendy Cleland-Hamnet, Office Director, Office of Pollution Prevention & Toxics, U.S. Environmental Protection Agency
Richard Denison, Lead Scientist, Environmental Defense Fund
Irene Hantman, Verdant Law, PLLC
Jim Jones, Former Assistant Administrator, U.S. Environmental Protection Agency
Martha Marrapese, Partner, Keller and Heckman LLP
Ernie Rosenberg, President and CEO, American Cleaning Institute
Mike Walls, Vice President of Regulatory and Technical Affairs, American Chemistry Council

February 22, 2017
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Leading practitioners, regulators, and professors from New York City and Albany reviewed the past year's most significant developments in New York State environmental law.

Featured topics included: recently proposed Part 617 regulatory changes (SEQR); Brownfields Amendments; Volkswagen Litigation; Indian Point Announcement; Long Island Wind Power Project, NYS's 50% by 2030 renewable energy goal; recent activities in the state legislature; major court decisions in environmental law; and more.

Speakers:
Jessica Steinberg Albin
, Assistant Attorney, NYSDEC, Region 2
Donna De Costanzo, Senior Attorney and Director, Northeast Energy and Sustainable Communities, NRDC 
Scott Fein, Whiteman, Osterman & Hanna LLP
Michael Gerrard, Andrew Sabin Professor of Professional Practice and Director, Sabin Center for Climate Change Law, Columbia Law School
Philip Weinberg, Professor Emeritus, St. John's University School of Law 

Moderator:
Michael Mahoney, Pfizer Inc; Chair, Environmental Law Committee of the New York City Bar Association

Sponsored by: New York City Bar Association Committee on Environmental Law, the Environmental Law Institute, and the Sabin Center for Climate Change Law, Columbia Law School.

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February 23, 2017 - February 25, 2017
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

National Prominence. NELMCC is the centerpiece of the Elisabeth Haub School of Law (formerly Pace Law School) Environmental Law Program, ranked third in environmental law nationally by US News and World Report.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

For more information, click here.

2017 RESULTS:

Congratulations to Columbia Law School, Team #48, who emerged as the 2017 Jeffrey G. Miller National Environmental Law Moot Court Competition champions! Teams from University of Connecticut School of Law, Team #58 and Stetson University College of Law, Team #1, were finalists in the closely-contested final round.

Go here to learn more about the event, including copies of the 63 team briefs.

The event was a huge success with 63 teams competing and over 300 people involved in the competition. Judge Bernice B. Donald, United States Court of Appeals for the Sixth Circuit, Judge James E. Graves, Jr., United States Court of Appeals for the Fifth Circuit, Judge Stephen A. Higginson, United States Court of Appeals for the Fifth Circuit, Judge Thomas I. Vanaskie, United States Court of Appeals for the Third Circuit, and Judge Mary Kay Lynch, EPA Environmental Appeals Board served as the final round judges.

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February 23, 2017 - February 25, 2017
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

National Prominence. NELMCC is the centerpiece of the Elisabeth Haub School of Law (formerly Pace Law School) Environmental Law Program, ranked third in environmental law nationally by US News and World Report.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

For more information, click here.

2017 RESULTS:

Congratulations to Columbia Law School, Team #48, who emerged as the 2017 Jeffrey G. Miller National Environmental Law Moot Court Competition champions! Teams from University of Connecticut School of Law, Team #58 and Stetson University College of Law, Team #1, were finalists in the closely-contested final round.

Go here to learn more about the event, including copies of the 63 team briefs.

The event was a huge success with 63 teams competing and over 300 people involved in the competition. Judge Bernice B. Donald, United States Court of Appeals for the Sixth Circuit, Judge James E. Graves, Jr., United States Court of Appeals for the Fifth Circuit, Judge Stephen A. Higginson, United States Court of Appeals for the Fifth Circuit, Judge Thomas I. Vanaskie, United States Court of Appeals for the Third Circuit, and Judge Mary Kay Lynch, EPA Environmental Appeals Board served as the final round judges.

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February 23, 2017 - February 25, 2017
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

National Prominence. NELMCC is the centerpiece of the Elisabeth Haub School of Law (formerly Pace Law School) Environmental Law Program, ranked third in environmental law nationally by US News and World Report.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

For more information, click here.

2017 RESULTS:

Congratulations to Columbia Law School, Team #48, who emerged as the 2017 Jeffrey G. Miller National Environmental Law Moot Court Competition champions! Teams from University of Connecticut School of Law, Team #58 and Stetson University College of Law, Team #1, were finalists in the closely-contested final round.

Go here to learn more about the event, including copies of the 63 team briefs.

The event was a huge success with 63 teams competing and over 300 people involved in the competition. Judge Bernice B. Donald, United States Court of Appeals for the Sixth Circuit, Judge James E. Graves, Jr., United States Court of Appeals for the Fifth Circuit, Judge Stephen A. Higginson, United States Court of Appeals for the Fifth Circuit, Judge Thomas I. Vanaskie, United States Court of Appeals for the Third Circuit, and Judge Mary Kay Lynch, EPA Environmental Appeals Board served as the final round judges.

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