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July 2017

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July 6, 2017
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including NEPA, Clean Air Act, Clean Water Act, Endangered Species Act, TSCA, RCRA, and CERCLA) and land use law. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Basics of the Clean Water Act

When first written in 1972, the Clean Water Act called for ending pollution by the 1980s. This course examined the progress made to date, and the progress yet to be made to achieve this goal. The faculty addressed:

  • the regulatory and permitting framework for limiting water pollution, and
  • the important distinction between point sources and nonpoint sources.

Although "water" is a straightforward concept, recent Supreme Court decisions and a contentious EPA rulemaking have created enormous confusion surrounding what types of water are subject to federal regulation. The seminar also highlighted:

  • the distinctions between the regulation of water quality versus water quantity, and
  • the considerations that policymakers face in light of growing demands for water in the context of energy needs and climate change.

Faculty:
Nizanna Bathersfield, Attorney Advisor, Federal Government
Mary Clemmensen, Staff Attorney, Chesapeake Legal Alliance

Materials:
Powerpoint presentation

 

**See the entire Summer School 2017 schedule HERE.**

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July 10, 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 to be addressed in this month's call:

  • Regulatory developments at EPA and DOI.
  • Decision in the Murray Energy case about coal jobs analysis.
  • The Murkowski-Cantwell energy bill: what it does and doesn't do.
  • California Supreme Court's rejection of the appeal of the decision upholding the AB 32 cap and trade program.
  • States and local governments continue to show leadership on climate change and commitment to the Paris agreement, with attorneys general from 18 states and DC pledging continued support for the agreement and US mayors proposing an initiative to reach 100% clean energy by 2035.
  • States are taking or threatening legal action against the Trump Administration in response to a number of delays and potential rollbacks of rules and standards relating to energy efficiency, vehicle emissions, and methane and other pollutants.
  • California's cap and trade program will continue with auctions, as the state's Supreme Court refused to hear an appeal of a lawsuit challenging that program as an unconstitutional tax.
  • Florida will expand tax incentives for rooftop solar to commercial and industrial buildings in addition to residential.
  • Washington, DC and Hawaii established new climate commissions to inform city and state efforts to improve resilience and reduce greenhouse gas emissions.
  • California published its draft update to its Safeguarding California adaptation strategy in May.

Speakers:
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
Kate Zyla, Deputy Director, Climate Center, Georgetown University

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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July 12, 2017
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The D.C. Bar's Environment, Energy, and Natural Resources Community presented its popular annual Summer Networking Event. This was an excellent opportunity for environment, energy, and natural resources attorneys and law clerks from both the private and government sectors to meet and mingle and network.

John Cruden, former Assistant Attorney General of US DOJ's Environment and Natural Resources Division and former ELI president, presented brief remarks.

This “Off the Record” evening networking event was sponsored by the D.C. Bar Environment, Energy and Natural Resources Community. Cosponsored by the American Bar Association Section of Environment, Energy, and Resources and the Environmental Law Institute.

Remarks made during “Off the Record” events may not be used for publication.


ELI's members make events like this one possible !
For more information on joining the Environmental Law Institute's
individual membership program, go HERE.

For more information on joining the DC Bar's Environment, Energy and
Natural Resources Community, go HERE.

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July 13, 2017
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including NEPA, Clean Air Act, Clean Water Act, Endangered Species Act, TSCA, RCRA, and CERCLA) and land use law. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Basics of the Clean Air Act

The Clean Air Act has a major impact on both human health and the economy. The Act and its implementing regulations are at the center of many of the most pressing controversies in environmental law. The Clean Air course made this complex area accessible by providing real world examples of air quality planning, including:

  • permitting programs,
  • standards for mobile sources, and
  • special programs developed to improve air quality such as the acid rain program.

The seminar addressed the developments leading to the enactment of the Clean Air Act in 1970 and its 1990 amendments, and the key federal actions being taken under the Clean Air Act to address climate change.

Faculty:
Phil Assmus, Senior Staff Associate, National Association of Clean Air Agencies
Hannah Graae, Associate, Hogan Lovells
Erin Ward, Associate, Hogan Lovells

Materials:
Phil Assmus presentation
Hannah Graae/Erin Ward presentation

**See the entire Summer School 2017 schedule HERE.**

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July 20, 2017
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including NEPA, Clean Air Act, Clean Water Act, Endangered Species Act, TSCA, RCRA, and CERCLA) and land use law. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

 


Hazardous Waste and Sites

Environmental law has brought about a sea change in how we manage waste. Faculty explored both the dense regulatory efforts and the simple liability efforts used to bring about this change with emphasis on:

  • the Resource Conservation and Recovery Act (RCRA), and
  • the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The speakers discussed events that led to the enactment of CERCLA and addressed uncertainties that still exist in RCRA, such as the definition of waste and the rules for recycling.

Faculty:
Jeff Davidson, Partner, Manatt, Phelps & Phillips, LLP
Adam Riedel, Supervising Clinical Fellow, Georgetown Law Center Institute for Public Representation

Materials:
Jeff Davidson presentation (CERCLA)
Adam Riedel presentation (RCRA)

**See the entire Summer School 2017 schedule HERE.**

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July 26, 2017
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Co-sponsored by the American Bar Association Section of Environment, Energy, and Resources


An ELI and ABA SEER Public Seminar

Tribes and Native Villages are demonstrating reinvigorated environmental activism as they face new pressures on the natural resources many depend on for their economic and cultural livelihood. From the Standing Rock Sioux tribe’s protest against the Dakota Access Pipeline and the Pawnee Nation’s allegations of earthquake damages due to fracking; to Alaska Native Villages relocating their communities in the face of rising sea levels and impacts to the Navajo Nation by the closure of a major coal plant, there is clearly a growing role for environmental attorneys in Indian country.

Yet this field is distinct, involving matters of sovereignty, reserved treaty rights, and religious freedom. This seminar explored key concepts of the trust relationship between tribes and the federal government, and the role tribes and Native Villages play in managing their natural resources, through co-management, contracts, and the “tribal amendments” incorporated in many of the major environmental statutes. The seminar overed a number of the legal tools uniquely available to tribes, including the duty to consult, Indian treaty canons of interpretation, and specific protections for subsistence activities, water resources, and cultural legacies.

This seminar provided environmental law practitioners with the fundamentals of Indian law, application of federal environmental statutes to tribal lands, and the challenges to—and opportunities for—responsibly managing natural resources in Indian country.

Speakers:
Cynthia R. Harris, Staff Attorney, Environmental Law Institute (moderator)
Elizabeth Kronk Warner​, Professor, Associate Dean of Academic Affairs, & Director of the Tribal Law & Government Center, University of Kansas School of Law
Suzanne Schaeffer, Counsel, Native American Law & Policy Practice, Dentons law firm
Ethan Shenkman, Partner, Environmental Practice Group at Arnold & Porter Kaye Scholer LLP & Adjunct Professor, Georgetown Law (most recently US EPA Deputy General Counsel, 2014-2017)

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.

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July 27, 2017
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Each summer, ELI convenes a complimentary seminar series that offers an introduction to the legal and policy foundations of environmental protection in the United States.

ELI's Summer School is a series of brown-bag lunch seminars taught by experts in their fields, introducing the audience to the major environmental statutes (including NEPA, Clean Air Act, Clean Water Act, Endangered Species Act, TSCA, RCRA, and CERCLA) and land use law. Faculty will also incorporate major regulatory and judicial updates to the laws.

Who will benefit: All are welcome. Students and emerging professionals will have unique opportunities to learn, hear updates, ask questions, and network. The series is intended for:

  • undergraduates,
  • law students and graduate students, and
  • working professionals new to or looking for a refresher course in environmental law (such as interns, summer clerks, and associates, or second-career professionals).

Law & Policy of Products Regulation

The life cycle of industrial, agricultural, and antimicrobial chemical products, especially those embedded in consumer products, has gained increasing public attention. Regulators are beginning to look at the entire product life cycle, including after the discard of a product at the end of its useful life, not just toxicity data. This course:

  • examined the regulation of chemicals that are used in industrial and consumer products, as well as pesticides, and
  • described the new governance and stewardship initiatives being considered globally by a wide variety of stakeholders to diminish the potential for adverse effects from chemicals.

Faculty:
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C

Materials:
Lynn Bergeson presentation
EPA Issues Final TSCA Framework Rules
TSCA Reform Analysis

**See the entire Summer School 2017 schedule HERE.**

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July 31, 2017
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This event was coordinated with the New York Department of Environmental Conservation.


New York’s Electronic Equipment Recycling and Reuse Act requires manufacturers to provide free and convenient recycling of electronic waste, or e-waste—including computers, computer peripherals, televisions, small scale servers, and small electronic equipment—to most consumers in the state.

ELI and New York’s Department of Environmental Conservation presented a comprehensive, two-hour webinar to help manufacturers know their  obligations under the Act. Participants received a solid grounding in the law’s background and scope, including practical guidelines for navigating New York’s online registration and reporting system.  

Key elements include:

  • Understanding the amount of e-waste designated as each manufacturer’s responsibility to collect every year, along with surcharges imposed for falling short of meeting the goal, procedures for requesting a waiver and using credits earned by exceeding the goal
  • Maintaining a convenient e-waste acceptance program, including permitted methods for collecting e-waste and best practices, opportunities to partner with other manufacturers in a collective and obligations to accept other manufacturers’ brands
  • Due diligence in selecting a qualified recycler
  • Public education program criteria, labeling and recordkeeping requirements, and responsibilities to retailers
  • Enforcement and penalties
  • Accessing additional resources and support
  • New developments in the statewide program, including updates on new regulations, and how manufacturers can stay apprised and be involved in the process

Speakers:
Cynthia Harris, Staff Attorney, ELI
Brett Korte, Staff Attorney and Director, Associates Programs, ELI
Jay Pendergrass, Vice President, Programs and Publications, ELI
Peter van Erp, Environmental Program Specialist, NYS Dept. of Environmental Conservation Division of Materials Management
Glenn Hewitt, Environmental Program Specialist, NYS Dept. of Environmental Conservation Division of Materials Management

Materials:
Powerpoint presentation

Additional Resources:
Covered Electronic Equipment Manufacturer Requirements (NYS DEC)
Covered Electronic Equipment
New York State Municipalities with a Population of 10,000+
Common Problems with Manufacturer/Collective E-waste Acceptance Programs
Important Statutory Sections
NYS Certification Fee Form
NYS Manufacturer Annual Report Certification Form
NYS E-waste Program Annual Reporting Fee Invoice

 
 
 
 
 
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