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December 2017

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December 4, 2017 - December 5, 2017
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


 

Please see the conference website for agenda/speaker information.

Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them closely in an integrated fashion. A top-flight faculty – including senior public officials from federal and state/local regulators and enforcement agencies, private practitioners, scientists, and public interest advocates – provide in-depth legal analyses, policy perspectives, and insights on the future of this sacred resource.

What You Will Learn

At this in-depth course, you'll not only learn about recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, but also the larger, emerging issues that will strongly influence water law and practice in the years to come.

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the law and counseling clients in this complex area.

We’ll discuss some of the issues environmental attorneys and related professionals may be asking themselves in this time of uncertainty:

  • Will the definition of WOTUS change or not?
  • What are state environmental regulators doing in the absence of new federal policies?
  • Have we seen a surge in citizen suits?
  • What about emerging pollutants that are not yet permitted?

 

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December 4, 2017 - December 5, 2017
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


 

Please see the conference website for agenda/speaker information.

Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them closely in an integrated fashion. A top-flight faculty – including senior public officials from federal and state/local regulators and enforcement agencies, private practitioners, scientists, and public interest advocates – provide in-depth legal analyses, policy perspectives, and insights on the future of this sacred resource.

What You Will Learn

At this in-depth course, you'll not only learn about recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, but also the larger, emerging issues that will strongly influence water law and practice in the years to come.

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the law and counseling clients in this complex area.

We’ll discuss some of the issues environmental attorneys and related professionals may be asking themselves in this time of uncertainty:

  • Will the definition of WOTUS change or not?
  • What are state environmental regulators doing in the absence of new federal policies?
  • Have we seen a surge in citizen suits?
  • What about emerging pollutants that are not yet permitted?

 

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December 7, 2017
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An ELI Member Seminar

The Interior Secretary’s review of 27 national monuments proclaimed on the nation’s public lands and marine areas since 1995 has focused new attention on the Antiquities Act of 1906. Possible actions by the President and Congress may substantially affect the future shape and effect of this important law. The law gives the president authority to set aside federal lands containing objects of “historic or scientific” value as national monuments, preserving them from potentially incompatible uses like mineral extraction or logging. Presidents have used this tool to designate over 150 national monuments and establish their environmental legacies on federal lands. Congress has acted to address or modify particular monument designations over the last century. However, as reflected in a bill approved by the House Natural Resources Committee on October 10th to reform the Antiquities Act, there is a substantial possibility that future Presidents may face greater limitations when declaring national monuments. At the same time, possible executive action by the Administration to change the size or management of existing monuments raises thought-provoking legal questions.

Speakers explored the presidential authority and role of Congress in the declaration and modification of national monuments. Participants gained insight into the legal history of the law, importance of America’s national monuments, and the role of Congress in management of these lands. Judicial interpretations of the recent monument review were also discussed—what can be expected by the courts from challenges to the proposal to shrink or rescind national monuments? This seminar provided environmental law practitioners with an understanding of the legal structure surrounding national monument proclamations and consideration of relevant issues raised by the Antiquities Act. This hot topic exemplified the challenges to managing natural resources amidst multiple-use and sustained yield mandates on public lands.

Panelists:
Jim McElfish
, Senior Attorney, Environmental Law Institute (moderator)
Brenda Mallory, former General Counsel for the Council on Environmental Quality
Mark Squillace, Professor of Natural Resources Law, University of Colorado Law School
Jonathan Wood, Attorney, Pacific Legal Foundation

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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December 11, 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:

  • Update on the climate angles in the tax bill
  • Litigation developments
  • DOE order to FERC to provide rate support for coal and nuclear
  • Recent public meeting on the Clean Power Plan repeal
  • Scott Pruitt's House testimony on climate issues
  • Virginia's Air Board approval of a proposed GHG regulation for power plants
  • Denver's Green Roof Initiative
  • Florida bond initiataive to fund investments including adapting to sea-level rise
  • California guidebook for state agencies on how to integrate climate change into planning and investment
  • Harris County, TX Commission recommendations to improve flood resilience and preparedness

Speakers:
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Manik Roy, Senior Fellow, DEPLOY/US [formerly, ClimateWorks Foundation]
Robert Sussman, Principal, Sussman & Associates
Kathryn Zyla, Deputy Director, Georgetown University Climate Center


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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