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November 2017

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November 1, 2017 - November 3, 2017
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ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

To view more information or to register, please go to the Eastern Boot Camp website HERE.

For information on future Boot Camps, please go HERE.


 

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November 2, 2017
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ELI was pleased to join WilmerHale in co-sponsoring a conference featuring women thought leaders in energy and infrastructure. This one-day event provided a forum for discussions on policy and legal issues impacting the energy industry, as well as an exchange of ideas for powering the future of our nation's infrastructure development. The keynote speaker for the conference was US Senator Lisa Murkowski (R–Alaska), Chairman of the Senate Energy and Natural Resources Committee and the Senate Appropriations Committee's Interior and Environment Subcommittee. Former US Trade Representative, Ambassador Charlene Barshefsky also led a session featuring a discussion on US Energy Dominance on the World Economic Stage.

Speakers:
Kate MacGregor, Acting Assistant Secretary for Lands and Minerals Management at US Department of the Interior
Angie Colamaria, White House Office of Management and Budget
Stacy Linden, Vice President and General Counsel, American Petroleum Institute
Amanda Neely, General Counsel to Senator Rob Portman and Deputy Chief Counsel at US Senate Permanent Subcommittee on Investigations
Molly Ward, Secretary of Natural Resources for Virginia
Ann Loomis, Senior Advisor, Federal and Environmental Policy, Dominion
Karen Hawbecker, Associate Solicitor at US Department of the Interior
Rachel Jacobson, Special Counsel, WilmerHale
Bonnie L. Heiple, Counsel, WilmerHale
Raya B. Treiser, Counsel, WilmerHale

 

November 1, 2017 - November 3, 2017
Body

ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

To view more information or to register, please go to the Eastern Boot Camp website HERE.

For information on future Boot Camps, please go HERE.


 

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November 1, 2017 - November 3, 2017
Body

ELI’s Annual Eastern Boot Camp on Environmental Law® is an overview of environmental law from the top experts in the field. Boot Camp is designed primarily for attorneys and environmental managers new to environmental law, although more experienced professionals have found the course provides an efficient update as well. While the course has a strong legal focus, it is accessible to professionals other than lawyers, including corporate environmental managers, paralegals, and technical staff who would benefit from a more thorough understanding of environmental law.

ELI’s Eastern Boot Camp on Environmental Law® is led by carefully selected senior practitioners and environmental managers who provide a practical and pragmatic view of environmental law and policy issues likely to be encountered by those working in the field. Annual topics include sessions on: NEPA, ESA, CWA, civil and criminal enforcement, TSCA, FIFRA, energy law, CAA, RCRA, CERCLA, due diligence in transactions, and ethics.

Please note: ELI's Boot Camp on Environmental Law® is available only to the member firms and organizations of ELI’s Professional, Corporate, and Public Interest Programs and to individual ELI Associates Program members. Membership status must be current through the month of the course. We encourage early enrollment as space is limited. Those seeking CLE can earn almost 20 hours for a reasonable fee, with special discounts provided to government, academic, and public interest employees.

To view more information or to register, please go to the Eastern Boot Camp website HERE.

For information on future Boot Camps, please go HERE.


 

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November 9, 2017
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The Environmental Law Institute and Stetson's Institute for Biodiversity Law and Policy were pleased to hold the Fifth Annual ELI-Stetson Wetlands Workshop on Stetson Law's Gulfport campus. This year's workshop focused on the status and conservation of reefs, mangroves and seagrasses, and the use of compensatory mitigation to offset coastal wetland impacts. The workshop included an optional morning field trip to a nearby wetland and concluded with an evening poolside networking reception.


Draft Agenda (Subject to Change)

9:00 am

Optional Mitigation Site Field Trip

12:00 pm

Opening Remarks

12:15 pm

Session One: Status and Conservation of Reefs, Mangroves, and Seagrass
Foreman Biodiversity Lecture: Dr. Max Finlayson, Charles Sturt University, Australia

12:45 pm

Panel Discussion:

  • Dr. Frank Muller-Karger, University of South Florida College of Marine Science
  • Dr. Gary Raulerson, Tampa Bay Estuary Program
  • Dr. Benjamin Tanner, Stetson University
  • Moderator: Dr. Kirsten Work, Stetson University

2:00 pm

Networking Break

2:30 pm

Session Two: Using Compensatory Mitigation to Offset Coastal Wetland Impacts
Keynote Address: David Urban, Ecosystem Investment Partners

3:00 pm

Panel Discussion:

  • Michael Dema, City of St. Petersburg
  • Christina Storz, Natural Resources Section, NOAA Office of General Counsel
  • Erin Okuno, Stetson University College of Law
  • Moderator: Jay Pendergrass, Environmental Law Institute

4:15 pm

Breakout Sessions

5:15 pm

Poolside Networking Reception sponsored by Mechanik Nuccio Hearne & Wester, P.A.

 

 

 

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November 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:

  • What the 11-state delegation (including 4 governors) will be doing at COP23 in Bonn and updates on what they're doing at home in the U.S.
  • Recent climate report issued (reluctantly) by the administration
  • Recent EPA NODAs on staying the methane rule
  • California federal court decision vacating BLM postponement of methane rule compliance dates
  • Dismissal of Peabody from San Mateo case
  • Mark Jacobson lawsuit against National Academy of Sciences and author of critical piece
  • New Pennsylvania lawsuit seeking injunction against Trump climate rollbacks
  • Several decisions allowing climate protestors to raise necessity defense
  • Implications of recent state-level elections
  • The clean energy and climate-relevant provisions included, and not included, in the House and Senate tax proposals

Speakers:
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Manik Roy, Senior Fellow, DEPLOY/US
Robert Sussman, Principal, Sussman & Associates
Kathryn 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.

November 13, 2017
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The Mississippi Department of Environmental Quality (MDEQ) held its second annual Restoration Summit, where the public had the opportunity "to learn about current restoration projects in Mississippi and the announcement of new projects for 2017."

For those who wanted a refresher on the Deepwater Horizon restoration processes before the Summit, ELI, Steps Coalition, and Audubon Mississippi partnered to host "Restoration Refresher: Get Ready to Engage in MDEQ's Restoration Summit.” The event was held the day before the Summit, and was free and open to the public.

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November 14, 2017
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ELI was pleased to co-sponsor Ballard Spahr's annual half-day CLE program. Panelists addressed a number of hot topics related to the green infrastructure landscape. Click HERE to view the full conference agenda.

Panel topics include:

  • Harvey, Irma, and Sandy: Could Fuller Embrace of Green Infrastructure in Urban Planning Save Lives and Property?
  • Emerging Legal Obligations to Build Resilience to Adapt to Climate Disruption
  • Reducing Green Infrastructure Costs through Regional Storm Water Management

Locations:

Philadelphia (live)

Ballard Spahr
1735 Market St., 48th Floor

New York (simulcast)
Ballard Spahr
919 Third Ave., 37th Floor

Washington, D.C. (simulcast)
Ballard Spahr
1909 K St., NW, 12th Floor

Baltimore (simulcast)
Ballard Spahr
300 Lombard St., 18th Floor

Phoenix (simulcast)
Ballard Spahr
1 East Washington Street, 23rd Floor

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November 15, 2017
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This event is 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.

The Environmental Law Institute, New York’s Department of Environmental Conservation, and other experts in New York's electronics recycling law presented this free, comprehensive, two-hour workshop and 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 included:

  • 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
  • The responsible recycling standard, the current enforcement landscape, and highlights from cases through the United States

Speakers:
Cynthia Harris, Staff Attorney, ELI
Glenn Hewitt, Environmental Program Specialist, NYS Dept. of Environmental Conservation Division of Materials Management
Brett Korte, Staff Attorney and Director, Associates Programs, ELI
Maggie Macdonald, Associate, Sive, Paget & Riesel P.C.
John Pendergrass, Vice President, Programs and Publications, ELI
Peter van Erp, 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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November 16, 2017
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This program was sponsored by the Water Quality and Water Resources Committee of the D.C. Bar Environment, Energy and Natural Resources Community. Cosponsored by the Administrative Law and Agency Practice Community and the Environmental Law Institute.


Tribal fishing rights, secured through treaties, have played a key role for decades in fisheries law and policy. Until recently, however, these rights have played a limited role in broader environmental law and policy. This panel explored a number of recent instances in which tribal fishing rights have helped shape important outcomes related to water quality, and placed these developments in the context of the increasingly visible role that tribal interests have played in high-profile environmental controversies.

Speakers:
Bella Sewall Wolitz
, Assistant Professor of Law, Lincoln Memorial University Duncan School of Law
David Shilton, Former Senior Litigation Counsel, U.S. Department of Justice, Environment and Natural Resources Division

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November 28, 2017
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This program is sponsored by Beveridge & Diamond, Environmental Law Institute, ABA CRSJ Environmental Justice Committee, ABA SEER Special Committee on Environmental Justice.


On October 24, 2017, U.S. Senator Cory Booker (D-NJ) and U.S. Representative Raul Ruiz, M.D. (D-CA) introduced a landmark piece of legislation to eliminate environmental injustice.

The Environmental Justice Act of 2017 (EJA) requires federal agencies to address environmental justice through agency actions and permitting decisions, and strengthens legal protections against environmental injustice for communities of color, low-income communities, and indigenous communities. The bill is the culmination of a months-long process of working with dozens of grassroots organizations across the country to craft a comprehensive bill that strengthens environmental justice protections for vulnerable communities.

This program will feature a Keynote Address by Sen. Booker and a panel discussion on the various ways the EJA addresses critical issues for vulnerable communities nationwide (especially communities of color) in light of historical, ongoing challenges, as well as new ones posed by the Trump Administration. Other topics to be addressed include, the changes at the Office of Environmental Justice of the EPA, the controversial recent appointments at EPA, recent attempts to limit science in EPA decision-making, and challenges to environmental protection for clean air, water, and land via threats to citizen suits and enforcement.

The panel will include Mustafa Ali, Vice President of Climate, Environmental Justice & Community Revitalization, for the Hip Hop Caucus, formerly head of the EPA’s Office of Environmental Justice, and Patrice Simms, Vice President of Litigation for Earthjustice, formerly an attorney at the U.S. Environmental Protection Agency, U.S. Department of Justice - Environment and Natural Resources Division, and Natural Resources Defense Council. The program will be moderated by Randy Hayman, of Beveridge & Diamond, PC.

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