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June 2018

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June 5, 2018
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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).

An Introduction to Careers in Environmental Law and Policy

Our Summer School Series began with a session to introduce attendees to the many career options in the realm of environmental law and policy. Speakers were drawn from diverse practices and backgrounds:

  • public health and policy,
  • environmental justice,
  • business sustainability,
  • federal government,
  • legal sector.

Faculty:
Colby Bishop
, Director, Impact Initiatives, National Geographic
Margot Conover
, External Relations Manager, Fairtrade America
Natasha DeJarnett, PhD, Policy Analyst, Environmental Health, Center for Public Health Policy
Stacey Simone Garfinkle, Attorney, Office of Inspector General, EPA
Dimitrios Karakitsos, Partner, Holland & Knight
Nicole Williams Sitaraman, Senior Manager, Public Policy, Sunrun


**See the entire Summer School 2018 schedule HERE.**

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June 6, 2018
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Co-sponsored by Mississippi Commercial Fisheries United, Public Lab, Environmental Management Services Inc., and ELI's Ocean Program


It has been more than eight years since the start of the BP oil spill. In that time, many steps have been taken to restore and recover the Gulf. This includes the approval of numerous plans, programs, and restoration projects. As Gulf restoration and recovery efforts continue to move forward, how can the public engage and help shape restoration?

To help members of the public better understand how to get involved, ELI, along with Environmental Management Services, Mississippi Commercial Fisheries United, and Public Lab, co-sponsored an event on “Engaging in the Gulf Restoration Processes: How the Public Can Help Shape Restoration.” The goal of this event was to provide participants with tools and information that they can use to more effectively engage in the restoration and recovery efforts.

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June 11, 2018
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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:

  • New Trump initiative to subsidize coal and nuclear plants through a DOE "national security" determination
  • Show of support from the states for Paris around the withdrawal announcement anniversary
  • Major energy and climate bills in northeast states like NJ and CT
  • CA energy commission standards
  • State efforts on adaptation
  • Increasing expectations and debates over corporate climate risk disclosure
  • Latest developments in Juliana case in Oregon
  • Latest development in public nuisance litigation in California and NYC
  • FOIA decision ordering EPA to produce documents supporting Pruitt's climate denial

Speakers:
Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Sally Fisk, Assistant General Counsel, Pfizer
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Robert Sussman, Principal, Sussman & Associates

Materials:
ELI members will have access to a recording of this session (usually posted w/in 48 hours). 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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June 12, 2018
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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).

NEPA, ESA & Fundamentals of Environmental Law

The oldest major environmental statutes that we know today have existed for more than 40 years. This session served as an introduction to the framework of environmental law and also highlighted two major statutes:

  • the National Environmental Policy Act (NEPA), known as the "Magna Carta" of environmental law, and
  • the Endangered Species Act (ESA), known as the “pit bull” of environmental law.

The Trump Administration has proposed to potentially rewrite the Council on Environmental Quality guidance in order to cut the average permitting process from three to five years, to two years or less to aid in the President’s infrastructure plan. The legal community sees this as a challenge since shortening the time of permits could open a floodgate of lawsuits and legal challenges that could be prevented through the timeframe and planning.

The Department of Interior has proposed the removal of Blanket Section 4(d) Rule within the Endangered Species Act, which would take away the protection of over 300 animal and plant species that are not under their purview “endangered enough.” This move could foster increased potential activity for companies to operate on wildlife habitats.

This course highlighted how modern environmental law has evolved and discussed ways it is meeting today’s challenges.

Faculty:
Nikki Adame-Winningham
, Corporate Counsel, Environmental Law Group – Legal Division, Pfizer Inc.
Jane Davenport
, Senior Staff Attorney, Defenders of Wildlife
Margaret Hill
, Partner & Co-Chair, Energy, Environment & Mass Torts Practice Group, Blank Rome LLP

Materials:
Nikki Adame-Winningham presentation (NEPA)
Jane Davenport presentation (ESA)

Margaret Hill presentation (Fundamentals)

**See the entire Summer School 2018 schedule HERE.**

June 12, 2018
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This program was sponsored by the Civil & Criminal Enforcement Committee of the D.C. Bar Environment, Energy and Natural Resources Community. Cosponsored by the Administrative Law and Agency Practice Community; Environmental Law Institute and ABA Section on Energy, Environment, and Natural Resources.


This program featured top government officials and private practitioners who discussed recent developments in the Trump Administration’s criminal environmental enforcement program including agency staffing, enforcement priorities, cooperative federalism and new policies on settlement payments to third parties and use of agency guidance documents. The panelists also examined EPA’s 2017 year-end statistics on environmental crimes prosecutions and discuss trends in EPA’s and DOJ’s enforcement of air, water and land disposal regulations.

Speakers:
Deborah Harris
, Chief, Environmental Crimes Section, U.S. Department of Justice
Stacey Mitchell, Partner, Akin Gump Strauss Hauer & Feld LLP
Jessica Taylor, Director, Criminal Investigation Division, U.S. EPA
Bruce Pasfield, Partner, Alston & Bird LLP (Moderator)

June 12, 2018
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Please join us for a reception celebrating the
2018 Environmental Law Fellowship Program Recipients
Sponsored by the Environmental Law Section, California Lawyers Association

 

 Co-sponsored by:
American Bar Association Sections of  Civil Rights and Social Justice and Environment, Energy, and Resources
Environmental Law Institute

 

With remarks by:
Arsenio Mataka, Special Assistant to Attorney General Zavier Becerra at the California Department of Justice

 

Gracious additional support was made by the following organizations:
Paul Hastings LLP
Hunton Andrews Kurth LLP
Downey Brand LLP
Greenberg Traurig, LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Farella Braun + Martel LLP
Pacific Gas and Electric Company
Beveridge & Diamond PC
Holland & Knight LLP

 

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June 14, 2018
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Hunton Andrews Kurth and the Environmental Law Institute invite you to a complimentary summer speaker series featuring key representatives from environmental regulatory agencies. The series of informal seminars will provide attendees with the opportunity to directly interact with environmental regulators and professionals in the field on the latest issues and challenges in environmental law in California and throughout the western United States.

This series will offer an informal space where attendees can hear and learn from environmental regulators and other professionals in the field on the latest issues and challenges in environmental law.


California Air Resources Board

The California Air Resources Board (CARB) is charged with protecting the public from air pollution and developing programs to address climate change. Join Ms. Ellen Peter, Chief Counsel of CARB, to hear about the latest developments at CARB and the future of air regulation in California. Ms. Peter has served as Chief Counsel of CARB for a decade. As Chief Counsel, she manages CARB’s Enforcement Division, with more than 100 investigators and air pollution enforcement specialists and, as a member of CARB’s executive staff, helps formulate policy recommendations.

Ellen Peter, Chief Counsel, California Air Resources Board
Shannon Broome, Partner, Hunton Andrews Kurth LLP (moderator)

**See the entire San Francisco Summer Speaker Series schedule HERE.**

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June 19, 2018
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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 Land Use Law

Land use planning touches everyone. This course will focus on the primary elements of land use planning law:

  • zoning,
  • conservation
  • comprehensive planning, and
  • eminent domain.

Our speakers will describe the history of zoning and urban planning and more recent trends in approaches to planning communities

Faculty:
Sarah Everhart, Adjunct Professor, Research Associate and Legal Specialist, Agriculture Law Education Initiative, University of Maryland Francis King Carey School of Law
Diana Norris, Litigation Manager, Piedmont Environmental Council
Megan Roberts-Satinsky, Associate, Linowes and Blocher LLP

Materials:
Will be posted when available...

**See the entire Summer School 2018 schedule HERE.**

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June 21, 2018
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Hunton Andrews Kurth and the Environmental Law Institute invite you to a complimentary summer speaker series featuring key representatives from environmental regulatory agencies. The series of informal seminars will provide attendees with the opportunity to directly interact with environmental regulators and professionals in the field on the latest issues and challenges in environmental law in California and throughout the western United States.


Careers and Trends in Environmental Law

Hear directly from professionals in environmental law and policy about the range of career opportunities in the field across environmental agencies, non-profits, and private firms. This panel will be especially valuable for those starting their careers or considering a change. For more experienced professionals this event provides an opportunity to network with the speakers and hear about recent developments in the environmental field across the spectrum of non-profit, government, and private spheres.

Tom Boer, Partner, Hunton Andres Kurth LLP (moderator)
Thomas Butler, Section Chief, Office of Regional Counsel, US EPA Region 9
Paul Cort, Earthjustice
Clare Ellis, Hunton Andrews Kurth LLP
Deborah Gitlin, Environmental Enforcement Section, US Department of Justice

**See other sessions in the San Francisco Summer Speaker Series schedule HERE.**

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June 22, 2018
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An ELI Member Seminar

The number of companies employing green marketing has grown significantly since the 1990s, advertising their products as environmentally safe or eco-friendly to attract the consumers concerned with sustainability.  According to Ecolabel Index, there are currently 203 ecolabels certifying products in the U.S. Environmental marketing influences consumers’ purchasing decisions yet there are obstacles in verifying whether claims are truthful, accurate, and not misleading.  Though the Federal Trade Commission updated its Green Guides in 2012 to clarify expectations regarding marketing claims for consumer goods, ambiguities in green marketing remain, presenting a myriad of issues relating to the environment and ethical consumerism. This panel will explore topics including unsubstantiated claims and consumer protection laws, voluntary standards, challenges of procuring reliable scientific evidence and self-regulation, implications of misleading marketing tactics for consumers, the regulation of negligible environmental benefits, and “green washing.”

Join ELI and our expert panelists for this seminar exploring the spectrum of regulatory power, binding laws, voluntary standards, and current developments surrounding the regulation of green marketing.

Panelists:
Cassie Phillips, Director, Private Environmental Governance Initiative, Environmental Law Institute, Moderator
Anuradha Gokhale, Staff Attorney, National Advertising Division, Council of Better Business Bureaus
Randal M. Shaheen, Partner, Venable LLP
Jennifer Tucker, Associate Deputy Administrator, National Organic Program, USDA

Materials:
Will be posted when they become available...

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June 26, 2018
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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 examines the progress made to date, and the progress yet to be made to achieve this goal.

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. While the EPA’s 2-year delay on implementation of the 2015 Clean Water Rule is still in effect, what would be the impacts of the 6th U.S. Circuit of Appeals’ decision to lift its stay that have barred the enforcement of the rule? Are there pertaining implications for lawyers?

The panel will also address:

  • the regulatory and permitting framework for limiting water pollution,
  • the important distinction between point sources and nonpoint sources,
  • 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:
Elizabeth Armistead Andrews, Professor of the Practice of Law, and Director, Virginia Coastal Policy Center, Marshall-Wythe School of Law, College of William & Mary
Christopher Day, Senior Assistant Regional Counsel, Region 3, U.S. Environmental Protection Agency
Kathy Robb, Principal, Sive, Paget & Riesel P.C.
Amanda Waters, General Counsel, National Association of Clean Water Agencies (NACWA)

Materials:
Will be posted when available...

 

**See the entire Summer School 2018 schedule HERE.**

June 26, 2018
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Hunton Andrews Kurth and the Environmental Law Institute invite you to a complimentary summer speaker series featuring key representatives from environmental regulatory agencies. The series of informal seminars will provide attendees with the opportunity to directly interact with environmental regulators and professionals in the field on the latest issues and challenges in environmental law in California and throughout the western United States.


San Francisco Bay Regional Water Quality Control Board

The mission of the San Francisco Bay Regional Water Quality Control Board is to preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses. The SF Bay Regional Water Quality Control Board is one of nine Regional Water Quality Control Boards in California, all of which operate under the auspices of the State Water Resources Control Board (State Water Board). The Water Boards are tasked with implementing the Porter-Cologne Water Quality Control Act and the federal Clean Water Act and have regulatory responsibility for the water quality of California’s nearly 1.6 million acres of lakes, 1.3 million acres of bays and estuaries, 211,000 miles of rivers and streams, and about 1,100 miles of California coastline. Join us to hear Ms. Tamarin Austin, Senior Staff Counsel at the SF Bay Regional Water Quality Control Board, discuss the latest topics of significant interest to the public and the priorities being pursued by the Regional Water Quality Control Board.

Tamarin E. Austin, Senior Staff Counsel, San Francisco Regional Water Quality Control Board
Moderator to be announced...

**See other sessions in the San Francisco Summer Speaker Series schedule HERE.**

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