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November 2018

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November 1, 2018
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Co-sponsored by American Bar Association Endangered Species Committee and the International Environmental and Resources Law Committee


ELI and the American Bar Association brought together an expert panel to explore the current state of critical issues and challenges in protecting at-risk species, under the two most influential and impactful legal frameworks in this arena: the U.S. Endangered Species Act (ESA) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), entered into by 183 countries.

The first panel addressed the ESA. Our experts delved into an overview of this landmark piece of legislation, including recent amendments and proposed rulemaking, as well as recent ESA controversies, cases, and enforcement actions. The panel also continued the discussion from ELI’s recent Breaking News: Proposed USFWS Endangered Species Act Regulations webinar. Experts examined policy gaps in both coverage and enforcement as well as potential policy solutions. Culminating this timely discussion was an exploration of the USFWS Strategic Plan for Responding to Climate Change.

The second panel addressed CITES. The dialogue commenced with a detailed overview, including implementation challenges, recent proposals for amending CITES, and recent CITES enforcement successes and failures. The panel concluded with a discussion of potential policy solutions to coverage and enforcement gaps, with a focus on countries with particularly urgent needs for endangered species protection.

The panelists explored the inner workings of these vital legal frameworks and their ramifications, benefits, challenges, and opportunities for protecting the future of endangered species here in the U.S. and around the world.

AGENDA

 2:30 pm

Panel 1:  ESA

James M. Auslander, Principal, and Co-Chair, Natural Resources and Project Development Practice Group, Beveridge & Diamond PC, Moderator
Amy Atwood, Endangered Species Legal Director, Senior Attorney, Center for Biological Diversity
Reed Elizabeth Loder, Ph.D., Professor of Law, Environmental Law Center, Vermont Law School
Jason Rylander, Senior Staff Attorney, Defenders of Wildlife
Sharon White, Of Counsel, Van Ness Feldman LLP

4:00 pm

Panel 2:  CITES

Linda M. Lowson, Esq., Chief Executive Officer, Global ESG Financial Regulatory Institute (Moderator)
Alejandra Goyenechea, Senior International Counsel, Defenders of Wildlife
Dr. Frank Hawkins, Chief Executive Officer, IUCN-US
Laura Noguchi
, Chief, Wildlife Trade and Conservation Branch, U.S. Fish and Wildlife Service (USFWS)

5:30-6:00 pm

Coffee Reception

 

Materials:
ELI members who have logged in to the Members site will see below the materials and any recording of 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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November 9, 2018 - November 10, 2018
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This symposium was sponsored by The George Washington University Law School's Environmental & Energy Law Program.
Cosponsors included the Environmental Law Institute and Dalhousie University.


This symposium covered various ocean-related legal topics including offshore energy, marine living resources, and conservation and sustainable use.
See the complete agenda/faculty listing HERE.

Topics Included:

  • Offshore Oil and Gas (Leasing, Safety, Other Issues)
  • Offshore Renewables (Tidal Energy, Wind)
  • International Fisheries (Illegal, Unreported, and Unregulated (IUU) Fishing; Climate Change)
  • Marine Mammal Protection (Noise, Entanglement, and Ship Strikes)
  • The UN BBNJ Process
  • Deep Seabed Mining
  • Closing Perspectives

 

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November 9, 2018 - November 10, 2018
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This symposium was sponsored by The George Washington University Law School's Environmental & Energy Law Program.
Cosponsors included the Environmental Law Institute and Dalhousie University.


This symposium covered various ocean-related legal topics including offshore energy, marine living resources, and conservation and sustainable use.
See the complete agenda/faculty listing HERE.

Topics Included:

  • Offshore Oil and Gas (Leasing, Safety, Other Issues)
  • Offshore Renewables (Tidal Energy, Wind)
  • International Fisheries (Illegal, Unreported, and Unregulated (IUU) Fishing; Climate Change)
  • Marine Mammal Protection (Noise, Entanglement, and Ship Strikes)
  • The UN BBNJ Process
  • Deep Seabed Mining
  • Closing Perspectives

 

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November 12, 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:

  • Developments in the Juliana v. US and New York v. Exxon cases.
  • Federal and state election results and their implications.
  • Rulemaking updates.
  • Updates from states re: elections and ballot initiatives like the ones in WA state (carbon tax) and AZ (renewable energy).

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

Materials:
ELI members who have logged in to the Members site will see below any available materials/recording of 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 12, 2018 - November 14, 2018
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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.

For information on future Boot Camps, please go HERE.


 

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November 13, 2018
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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 and energy landscapes. Click HERE to view the full conference agenda.

Panel topics included:

  • Your Green Building is a Competitive Advantage
  • Transitioning to a Greener Grid
  • 21st Century Sustainability in the Original Sustainable Enterprise
  • Lessons from Climate Change on Effective Public Engagement

Locations:

Philadelphia (live)

Ballard Spahr
1735 Market St., 48th Floor

New York (simulcast)
Ballard Spahr
1675 Broadway, 19th 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

November 12, 2018 - November 14, 2018
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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.

For information on future Boot Camps, please go HERE.


 

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November 12, 2018 - November 14, 2018
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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.

For information on future Boot Camps, please go HERE.


 

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November 15, 2018
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ELI Public Workshop

Our quality of life is heavily influenced by the quality of our environment. Whether we want to keep the beauty and quality that we have, or we want to change and clean up those areas of our environment that have been compromised, environmental quality is inextricably bound up with our sense of the quality of our lives. Yet, this comes with a cost. We were relatively successful at tackling many of the environmental problems of the past. But we now face a new set of environmental challenges, and we have neither the financial nor the operational structures to deal with these situations. And so it is imperative that we adopt the most cost-effective solutions to the problems we face now and in the future.

In Paying for Tomorrow: Maintaining Our Quality of Life author and leading expert Michael Curley explored what we are going to have to pay for in order to maintain our quality of life in the foreseeable future, including the strategies we must employ to make sure that we use the most cost-effective and least expensive strategies to pay for them.

Our workshop on “Paying for Tomorrow: Maintaining Our Quality of Life” explored and explained the various financial strategies that could be used to preserve the quality of our lives, and how to pay to reduce greenhouse gases; for climate resilience, adaptation, and mitigation; for safe drinking water plants, wastewater treatment plants, and the power to run them; for increasing energy conservation and our use of renewables; how to protect jobs; and more.

Presenter:
Michael Curley, Visiting Scholar, Environmental Law Institute, President, Environmental Finance LLC, Senior Lecturer and Professional Instructor, Johns Hopkins University, and Author

Materials:
ELI members who have logged in to the Members site will see below the materials and any recording of 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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November 16, 2018
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ELI Member Breaking News Event

The Trump administration has proposed to revoke California’s long-standing authority to set its own vehicle emission standards in its new fuel economy standards plan. Join ELI, Farella Braun + Martel, and expert panelists for ELI’s Breaking News: The Uncertain Future of California’s Vehicle Emission Standards. As leading panelists look forward, they will also briefly look backwards to the establishment of standards regulating pollution from tailpipes in California, the first of its kind in the U.S. Section 209 of the Clean Air Act amendments that named California as the only state allowed an exception to set its own standards, an exception that if altered will have significant implications for the future of climate and environmental law nationwide and especially in California.

The Environmental Protection Agency (EPA) and National Highway Traffic Safety Association (NHTSA) released a plan on August 2 to freeze in 2020 the fuel standards set in 2012. While the old rule set gradually increasing standards from 2017 to 2025, ultimately to reach an average fuel economy of 54.5 miles per gallon (currently 38.3), this new plan would freeze the 2020 levels for six years, requiring an average fuel economy of 37 miles per gallon until 2026. The Energy Policy and Conservation Act (EPCA) mandates the Department of Transportation (DOT) to set fuel economy standards for passenger automobiles (cars) and non-passenger automobiles (light trucks), an authority the DOT has delegated to the NHTSA, preempting any state laws regulating the same. The new plan would also revoke the Section 209 waiver of the Clean Air Act that allows California to set its own emission standards as well as Section 177, which allows other states to adopt California’s standards. The success of California in mitigating air pollution and reducing greenhouse gas (GHG) emissions under Section 209—and that of the 15 states that have invoked Section 177—is now in jeopardy. The Trump administration has argued that the Section 209 waiver was not intended to “solve climate change” and that the new standards would save consumers $500 billion. Critics, however, have decried this as a major lost opportunity to make significant progress on reducing GHG emissions, of which the transportation sector is one of the leading contributors, especially as some manufacturers use California’s standards nationwide. They have also pointed out that this is in contradiction to the administration’s stated preference to allow states flexibility to accomplish environmental goals in their own ways. If the administration goes through with implementing the rule following the 60-day comment period, California and the other states, backed by environmental advocates, will likely head to court.

Please join ELI, Farella Braun + Martel, and our panelists for this Breaking News event on California’s emission standards.

Panelists:
Buzz Hines, Partner, Farella Braun + Martel LLP, Moderator
Ann Carlson, Shirley Shapiro Professor of Environmental Law and Faculty Co-Director, Emmett Institute on Climate, University of California, Los Angeles
Ben Grumbles, Secretary of the Maryland Department of the Environment

Materials:
Materials will be posted as they are received...

ELI members will have access to materials and 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.

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