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February 2019

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February 7, 2019 - February 8, 2019
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

Explore today’s important developments in natural resources, climate, and endangered species law, as well as what’s ahead from the Supreme Court and under the current administration and Congress. This signature conference – the first national program of its kind – has become THE place for lawyers and environmental professionals from across the country to come together to discuss the latest issues and emerging trends in environmental law.   A particular highlight of this year's conference will be a keynote address from the EPA Acting Administrator, Andrew R. Wheeler.  

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes underway today and in the future. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and their intersections.   A national faculty of seasoned private practitioners, senior governmental officials,  law professors, and public interest advocates, will keep you current and alert you to changes in the many facets of environmental law affecting your practice and your clients. Here are just some of the topics to be examined in this year’s conference:

  • litigation involving emerging contaminants
  • whether groundwater discharges are subject to Clean Water Act liability
  • where offshore wind energy is rapidly developing and why
  • what changes to the Endangered Species Act may be imminent following the proposed rule from the U.S. Fish and Wildlife Service
  • how the newly reformulated Supreme Court may rule in environmental cases involving critical habitat protection, uranium mining, and public lands management

Environmental policies are changing. Come to Environmental Law 2019 to get the information you need, network with colleagues and speakers from across the country, and have your most pressing questions answered by a diverse and experienced faculty.

Who Should Attend

This course will benefit private and governmental attorneys who are engaged in the practice of environmental law as well as environmental consultants, in-house attorneys, and public interest attorneys.

 

 

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February 7, 2019 - February 8, 2019
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This conference is cosponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

Explore today’s important developments in natural resources, climate, and endangered species law, as well as what’s ahead from the Supreme Court and under the current administration and Congress. This signature conference – the first national program of its kind – has become THE place for lawyers and environmental professionals from across the country to come together to discuss the latest issues and emerging trends in environmental law.   A particular highlight of this year's conference will be a keynote address from the EPA Acting Administrator, Andrew R. Wheeler.  

What You Will Learn

Expand your understanding of the "big picture" and be on alert for the changes underway today and in the future. Even if your practice is specialized, this high-level program will brief you on the key issues arising in each of the major areas of environmental law and their intersections.   A national faculty of seasoned private practitioners, senior governmental officials,  law professors, and public interest advocates, will keep you current and alert you to changes in the many facets of environmental law affecting your practice and your clients. Here are just some of the topics to be examined in this year’s conference:

  • litigation involving emerging contaminants
  • whether groundwater discharges are subject to Clean Water Act liability
  • where offshore wind energy is rapidly developing and why
  • what changes to the Endangered Species Act may be imminent following the proposed rule from the U.S. Fish and Wildlife Service
  • how the newly reformulated Supreme Court may rule in environmental cases involving critical habitat protection, uranium mining, and public lands management

Environmental policies are changing. Come to Environmental Law 2019 to get the information you need, network with colleagues and speakers from across the country, and have your most pressing questions answered by a diverse and experienced faculty.

Who Should Attend

This course will benefit private and governmental attorneys who are engaged in the practice of environmental law as well as environmental consultants, in-house attorneys, and public interest attorneys.

 

 

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February 11, 2019
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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:

  • First corporate climate change bankruptcy (but maybe not the last?): PG&E.
  • Board engagement (or lack thereof) on climate change: recent news from Financial Times and BP BOD pushing for company's goals to be linked to Paris.
  • What's driving corporate climate action by the WEF coming from Davos.
  • Massachusetts governor Charlie Baker proposed a real estate tax increase to help address and prepare for climate change impacts and extreme weather.
  • Oregon's Governor Kate Brown signed an executive order establishing an Oregon Wildfire Response Council, recognizing that climate change is affecting the wildfire season and directing the Council to make recommendations to improve wildfire preparedness.
  • Florida's new governor signed an executive order addressing water pollution and sea-level rise, but without mentioning "climate change" explicitly.
  • New Colorado Gov. Polis included several directives to grow EV market through an executive order.
  • OR is planning to pass new legislation relating to Statewide Greenhouse Gas Emissions Reduction Goals.

  • US Climate Alliance has grown since January after the new governors were sworn in.
  • Recent developments in Congress and the impact of the shutdown on pending rule makings at EPA.
  • Notes on the Wheeler confirmation.
  • Ninth Circuit rejection of challenge to California's low carbon fuel standard.
  • SD TX dismissal of class action suit under ERISA against Exxon re climate disclosures.
  • Oregon appellate court finding no state obligation to protect public trust resources from climate change.

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 logged on to the Members site 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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February 13, 2019
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An ELI 50th Anniversary Seminar: Environmental Compliance: A Foundational Objective

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) addresses the remediation and cleanup of unauthorized contamination at sites that pose threats to human and environmental health. CERCLA also plays a central role in the cleanup and transfer of sites used by the Department of Defense (DoD), including Base Realignment and Closure Sites (BRAC Sites) and privately-owned Formerly Used Defense Sites (FUDS). These facilities are typically large holdings requiring extensive clean up and remediation. EPA has assisted in the clean-up of 107 BRAC Sites over five congressionally mandated rounds of base closures and realignment, and since 2008, the Army Corps of Engineers has identified over 10,000 sites eligible for the FUDS program. While the contaminated sites can be earmarked for economic re-development or wildlife conservation post-transfer from DoD use, the transfer can take on average 15 years, and require significant costs.

Over the past three-plus decades since CERCLA was passed into law, there have been significant technological advances to streamline the assessments of damages and offer a myriad of remediation applications.

Leading experts discussed the foundational objectives of CERCLA, how these have evolved over time, the issues surrounding the remediation and cleanup of Department of Defense sites, approaches to working with regulatory agencies, cutting-edge and emerging technologies for damage assessments and remediation activities, and more.

Panelists:
Christopher L. Bell, Shareholder, Greenberg Traurig, LLP, Moderator
Ridgway M. Hall, Jr., Vice President, Chesapeake Legal Alliance, Co-Author, “Who Pays for Superfund Cleanups at DOD-Owned Sites?”
Susan C. Paulsen, Ph.D., P.E., Principal Scientist & Practice Director, Exponent
Bernadette M. Rappold, Shareholder, Greenberg Traurig, LLP
Curtis B. Toll, Shareholder, Greenberg Traurig LLP

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.

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February 21, 2019 - February 23, 2019
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 21, 2019 - February 23, 2019
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 21, 2019 - February 23, 2019
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Advancing brief writing and oral advocacy skills in environmental law for an extraordinary educational opportunity

 

Outstanding Reputation. Instituted in 1989, The Jeffrey G. Miller National Environmental Law Moot Court Competition (NELMCC) is the largest interschool moot court competition of any kind under one roof, regularly attracting 200 competitors from law schools from all over the nation. Highly competitive with tremendous educational value, NELMCC has established a national standard of excellence in moot court competitions.

Exceptional Learning Experience. NELMCC provides an intellectual workout for competitors through complex legal analysis of today’s thorny environmental issues presented in the Problem. Competitors research and analyze the issues before writing persuasive arguments for one party advocating how the issues should be resolved. Competitors are then required to argue the issues orally for all three parties, rounding out the rigorous academic experience.

ABA SEER Award Winner. NELMCC is the recipient of the 2013 ABA SEER's Distinguished Achievement in Environmental Law and Policy Award for its broad national reach in engaging environmental law students on appellate brief writing and advocacy and commitment from environmental practitioners and the judiciary who judge and critique the competitors.

Splendid Location. The beautiful campus of Elisabeth Haub School of Law is located only 20 miles north of New York City with convenient access to the city and major airports.

VIEW this year's problem, brief and other information at the event site HERE.

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February 26, 2019
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ELI is hosting a series of webinars on the policy, practice, and science of stream compensatory mitigation. Webinar topics are based on the findings and recommendations of the 2017 report Stream Mitigation: Science, Policy, and Practice and selected in coordination with an Advisory Committee of stream mitigation experts. The series will cover a range of issues from assessing stream functions and conditions to restoration approaches and long-term success of compensation projects. This ten-part series is funded by an EPA Wetland Program Development Grant.


Stream Compensatory Mitigation Webinar Series: Monitoring and Performance Standards

Monitoring the success of mitigation is essential to ensure that the planned improvements of a mitigation project are observed in practice. This webinar will discuss best practice in monitoring and developing performance standards.  

Speakers:

  • Michelle Mattson: Restoration Ecologist, Mitigation Specialist; US Army Corps of Engineers Institute for Water

    Resources

  • Eric Somerville: US Environmental Protection Agency Region 4 Ocean, Wetlands & Streams Protection Branch
  • Phil Roni: Vice President/Principal Scientist, Cramer Fish Sciences
     

Materials:

More information soon.

Additional Information/Resources:
Visit ELI's resource page, The State of Stream Compensatory Mitigation: Science, Policy, and Practice

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February 28, 2019
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An ELI 50th Anniversary Webinar

In April 2017, then-EPA Administrator Scott Pruitt announced his “Back-to-Basics Agenda” for the agency. A key component of this agenda was giving state and local governments more responsibility for regulation and enforcement. This agenda presents an opportunity for a rethinking of the federal-state relationship as it pertains to environmental protection.

In addition to being written into key environmental statutes and American democracy more broadly, cooperative federalism can lead to more efficient and pragmatic environmental protection, and can allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental regulatory context remains uncertain as state and federal priorities come into conflict: see, for instance, EPA’s proposal to revoke California’s authority to regulate greenhouse gases. It is clear that, for cooperative federalism to function as intended, state and federal regulators must engage in dialogue so as to align their programs and priorities to current realities. Recent reports—such as the Environmental Council of the States’ Cooperative Federalism 2.0 and ELI’s The Macbeth Report—have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.

Join ELI for an interactive discussion of the opportunities presented by increased state autonomy in environmental protection. Featured panelists include experts in interstate environmental coordination and attorneys with significant experience in environmental compliance and stewardship.

Panelists:
Donald Welsh, Executive Director, The Environmental Council of the States, Moderator
Julia Anastasio, Executive Director and General Counsel, Association of Clean Water Administrators
Scott Fulton, President, Environmental Law Institute
Sylvia Quast, Regional Counsel, EPA Region 9

Materials:
Any 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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