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March 2019

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March 6, 2019
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Presented by the Food and Drug Law Institute, cosponsored by the Environmental Law Institute


The EPA recently finalized its rule on “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine.” The new regulations will require retailers, heath care facilities, pharmacies, and reverse distributors to examine – and likely restructure – their hazardous waste management practices. In addition, under this final rule, FDA-approved, over-the-counter nicotine replacement therapies are no longer considered hazardous waste when discarded, but e-cigarettes are still considered an acute hazardous waste and subject to the new requirements. The rule triggers new, stringent standards for these products and entities, and restricts the movement of product once it is considered waste. Speakers addressed the new standards, compliance strategies and challenges, implications for pharmaceutical and nicotine manufacturers, and potential enforcement pitfalls.

Panelists:
Kristin Fitzgerald
, Environmental Protection Specialist, Office of Resource Conservation and Recovery, EPA
Brian Knieser, Physical Scientist, U.S. EPA Office of Resource Conservation and Recovery
Elise Paeffgen, Senior Associate, Alston & Bird LLP
Laura Stanley, Economist, U.S. EPA Office of Resource Conservation and Recovery
Caitlin F. McCarthy, Director, Associates Program, Environmental Law Institute (Moderator)

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March 8, 2019
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An ELI 50th Anniversary Webinar

In May 2018, the United Nations General Assembly adopted Resolution 72/277, “Towards a Global Pact for the Environment.” Developed by an international network of environmental lawyers and legal scholars, the Pact would codify an internationally agreed upon set of principles of environmental law. These principles would not only provide a foundation for the creation of future international environmental laws, but could provide guidance for states looking to adapt or adjust their own laws as additional international laws develop.

While many experts agree that the Pact could help fill the gaps in international environmental law, questions remain. What principles must be contained in the Pact for it to achieve its lofty goals? What is the likelihood that UN Member States agree to such a declaration of principles? What is the potential impact of the Pact on the developing world?

ELI and leading global experts explored the obstacles to and benefits of utilizing the Pact, the gaps in current international environmental law, and the principles that could guide environmental law for years to come.

Panelists:

Xiao Recio-Blanco, Director, Ocean Program, Environmental Law Institute, Moderator
Justice Antonio Herman Benjamin, Minister, National High Court of Brazil; Chair, IUCN World Commission on Environmental Law; President, Brazilian Environmental Forum of Judges; Environmental Committee of the Summit of Chief Justices of Ibero-America; Secretary-General, UN Environment’s International Advisory Council for Environmental Justice
Roy S. Lee, Professor, Yale University School of Forestry and Environmental Studies and Permanent Observer, Asian African Legal Consultative Organization, United Nations
Nicholas Robinson, University Professor on the Environment, Elisabeth Haub School of Law at Pace University

Materials:
There are no speaker materials for this event.

Supplemental Materials:
United Nations Environmental Program Co-Chair Submissions and Questions


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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March 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:

  • Clean Air Council v. US (ED PA):  Dismissing claim that Trump administration's climate change rollbacks were unconstitutional
  • WildEarth Guardians v. Zinke (D. Mont.): Finding the Office of Surface Mining should have performed social cost of carbon analysis for expansion of coal mine
  • Gloucester Resources Ltd. v. Minister for Planning (NSW Land & Env't Court): Australian decision denying approval for coal mine, largely on grounds of the GHG emissions from the coal it produces
  • Termination of talks between EPA and California on the light-duty vehicle standards
  • Recent Congressional developments
  • Trump Administration ends talks with California over vehicle efficiency and GHG standards
  • More states join US Climate Alliance
  • Multi-state coalitions of state AGs fighting against 6 Trump administration rollbacks (NYU special report and related press conference with state AGs)
  • Trump Admin seeks to rescind federal funding for California high speed rail
  • Alaska Governor Dunleavy issued an administrative order disbanding the state's Climate Action for Alaska Leadership Team

Speakers:
James Bradbury
, Mitigation Program 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 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.

March 11, 2019
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A Co-Sponsored Reception with the Environmental Law Institute; American Bar Association Section of Environment, Energy, and Resources; Energy Bar Association; Environment, Energy and Natural Resources Community of the DC Bar; Environmental Section of the Virginia State Bar; Maryland State Bar Association Environmental & Energy Law Section; Women in Government Relations, Energy, Environment and Agriculture Task Force; Women's Bar Association of the District of Columbia, Energy and Environmental Law Forum; Women’s Council on Energy and the Environment; and Women’s Energy Network.


Embracing this rapidly changing and growing field, the D.C. Environment and Energy Associations held its inaugural networking and informational happy hour.

The D.C. Energy & Environment Associations group is comprised of several area organizations focused on environmental and energy policy and law. This evening of networking and learning was open to the public as well as to all members of the Associations-affiliated groups.

 

 

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March 12, 2019
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Cosponsored by:  Environmental Law Institute, University of Tokyo, Arkansas Coalition of Marshallese, Micronesian Islander Community, and Hosei University


Migration is increasing from Pacific Islands to mainland United States for several factors including education, jobs, family, and health. Though climate change is not (yet) a primary driver of emigration, it is often cited as a reason to not return to the islands. This migration often happens quite quickly, with little planning, and the transition to a new way of life may not occur as seamlessly as hoped.

In 2014, then-President Anote Tong of Kiribati announced the intention to empower his people to Migrate with Dignity. Though still emerging in conceptualization, this framework seeks to maintain cultural integrity and ensure access to education, employment, and healthcare without losing the skills and knowledge migrants received in their parent country. With these elements in mind, the Environmental Law Institute, the University of Tokyo, Hosei University, the Micronesian Islander Community, and the Arkansas Coalition of the Marshallese have designed and undertaken research studies to better understand the elements that both support and challenge the concept of Migration with Dignity.

Discussed were a number of lessons learned from Pacific Islanders in the United States, and how the concept of Migration with Dignity can be built with this shared knowledge.

Panelists:
Carl Bruch
, Environmental Law Institute, Moderator
Mikiyasu Nakayama, Professor and Department Head Environmental Studies, University of Tokyo
Melisa Laelan, Director, Arkansas Coalition of Marshallese
Kapiolani Micky, Certified Health Worker, Micronesian Islander Community
Shanna McClain, Visiting Policy Analyst, Environmental Law Institute
Scott Drinkall, Visiting Researcher, Environmental Law Institute

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March 18, 2019
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Co-Sponsored by Farella Braun + Martel LLP and the Environmental Law Institute


Unplugged Renewable Energy Series

The recent PG&E bankruptcy filing has fundamentally shaken the California utility industry and poses a number of potential challenges and risks to the State’s renewable energy industry. These include the potential restructuring of one of the State’s three investor owned utilities that is heavily invested in renewable energy and the potential rejection or renegotiation of over $36 billion worth of renewable power purchase agreements (PPAs) with hundreds of project owners. The potential changes at issue in the PG&E bankruptcy are likely to result in substantial impacts on current renewable energy project owners and developers and on California’s ongoing efforts to decarbonize the State’s electrical generation grid.

The roundtable panel discussed these issues and attempt to answer the following questions:

  • What is the legal framework that will govern the disposition of the PPAs, including:
    • Respective roles of the bankruptcy court and FERC with respect to any determination 
    • How would rejection and/or renegotiation play out in practice?
  • Prospects for and likelihood of rejection and/or renegotiation of PPAs and potential impacts on current project owners and future project development
  • Potential broader impact of various bankruptcy outcomes on the renewable energy industry in California and California’s energy goals

Panelists:
Gary Kaplan, Partner, Farella Braun + Martel LLP
Sean Gallagher, Vice President of State Affairs, Solar Energy Industries Association (SEIA)
Joe Henri, Vice President of Business Development, Dimension Renewal Energy

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March 21, 2019
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Co-Sponsored by Environmental Law Institute, National Whistleblower Center, and International Network for Environmental Compliance and Enforcement


An ELI 50th Anniversary Seminar

Illegal timber trade comprises 15-30% of the global timber trade according to Interpol and is valued at USD$51-152 billion every year. Monitoring logging activities and enforcing forestry laws is notoriously difficult.

To celebrate this year’s International Day of Forests on March 21, the Environmental Law Institute, the National Whistleblower Center, and the International Network for Environmental Compliance and Enforcement joined together for this seminar, drawing on the experiences of experts in the forestry sector to explore the role of citizens in combatting forest crime. Panelists considered the challenges of enforcing timber harvesting regulations, the environmental impacts of the proliferation of illegal logging, the use of existing legal provisions to incentivize citizen enforcement, and how practitioners can support this process.

This webinar is part of an ongoing Discussion Series that examines how whistleblower laws and other legal tools, emerging technologies, and citizen engagement are transforming the landscape of environmental enforcement. The series aims to build capacity among government agencies, non-profit organizations, international organizations, and individuals about citizen engagement in environmental enforcement.

Panelists:
Sandra Nichols Thiam, Senior Attorney, Environmental Law Institute, Moderator
Melissa Blue Sky, Staff Attorney, Center for International Environmental Law (CIEL)
Shelley Gardner, Illegal Logging Program Coordinator, USDA Forest Service
Ruth Noguerón, Senior Associate at the Forests Program, World Resources Institute

Materials:
Melissa BlueSky presentation
Shelley Gardner presentation
Ruth Noguerón presentation

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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March 26, 2019 - March 28, 2019
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ELI’s Annual Western 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 Western 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: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

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March 27, 2019
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Co-sponsored by the Wilson Center


An ELI 50th Anniversary Seminar

Mountains of trash are piling up in China with booming cities producing more than 20% of the world’s solid waste. Furthermore, up to 70% of this urban waste is food waste that is difficult to incinerate and when deposited in landfills, this waste eventually emits climate-forcing methane. Although hazardous waste regulations in China are increasingly enforced,  historically enforcement has not been stringent, leading to current management challenges. An estimated 85% of the 100 million tons of hazardous waste generated every year is disposed of like ordinary household waste. This detrimental practice presents a risk to human and environmental health.

China has been accumulating a large portion of the world’s waste for forty years. In 2016, China was accepting 46% of the world’s recyclable solid waste, using it as industry feedstock. Since 2017, however, the nation has successively banned many types of imported waste.  A comprehensive waste-sorting program for recycling of domestically-generated waste streams has not been fully implemented in many urban areas; but some private waste companies have begun to fill this gap in various ways as municipalities experiment with local sorting programs. Notably, over the past two years the Chinese government has accelerated campaigns, policies, and legal reforms to reduce what some have deemed “waste mountains.” Emerging policies include plastic waste import bans, increased municipal waste sorting, guidelines on single-use packaging, and cradle-to-grave tracking for hazardous wastes, among others.

Join ELI, the Wilson Center, and leading experts for an exploration of Chinese local governments’ and national-level design and implementation of ambitious waste reduction campaigns, innovative bottom-up opportunities to help reduce waste, emerging solid and hazardous waste legislation and reforms, and public interest cases and actions.

Panelists:
Zhuoshi Liu
, Staff Attorney & Director, China Program, Environmental Law Institute, Moderator
Linda Breggin,Senior Attorney, Director, Center for State, Tribal, and Local Environmental Programs, Environmental Law Institute
Yifei Li, Assistant Professor, Environmental Studies, New York University Shanghai, Global Network Assistant Professor, New York University
Jennifer L. Turner, Director, China Environment Forum & Manager, Global Choke Point Initiative, China Environment Forum, Wilson Center

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

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.

March 26, 2019 - March 28, 2019
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ELI’s Annual Western 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 Western 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: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

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March 26, 2019 - March 28, 2019
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ELI’s Annual Western 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 Western 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: the Clean Air Act, the Clean Water Act, project development and NEPA, environmental liability in business, CERCLA, RCRA, criminal enforcement, environmental ethics, product regulation, and a discussion of recent developments in climate change.

For information on future Boot Camps, please go HERE.


 

March 28, 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: Defining and Using Reference

One of the fundamental issues to address in the development of any functional assessment methodology is the definition of reference (e.g. the use of a single or small number of reference sites picked for that project, use of upstream/downstream segments, use of large regional/statewide datasets). This webinar will include presentations on the different approaches to reference used and considerations for each.

Panelists include:
Art Parola, Director - University of Louisville Stream Institute; Principal - Riverine Solutions, LLC
Alan Herlihy, Professor – Oregon State University Department of Fisheries and Wildlife
Barbara Doll, Extension Assistant Professor and Extension Specialist – NC State University Department of Biological and Agricultural Engineering

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

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

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March 29, 2019
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Please join the Environmental Law Institute and Vanderbilt University Law School for the 12th Environmental Law and Policy Annual Review Conference in Washington, DC.

The conference will feature the following speakers:

Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing

  • Jayni Foley Hein (author), Natural Resources Director, Institute for Policy Integrity, Adjunct Professor, NYU School of Law

  • Tommy Beaudreau, Partner, Environment, Land, and Resources Department, Latham & Watkins
  • Rebecca Fischer, Climate and Energy Program Attorney, and Daniel Timmons, Staff Attorney, Wild Earth Guardians

The Attack on American Cities

  • Richard C. Schragger (author), Perre Bowen Professor of Law, Joseph C. Carter, Jr. Research Professor of Law, University of Virginia School of Law

  • Gus Bauman, Of Counsel, Land Use and Environment, Beveridge & Diamond
  • Kim Haddow (via webinar), Director, Local Solutions Support Center, Rockefeller Family Fund
  • Lewis Rosman, Senior Attorney, City of Philadelphia Law Department

Free Trade, Fair Trade, and Selective Enforcement

  • Timothy Meyer (author), FedEx Research Professor & Director of International Legal Studies Program, Vanderbilt University Law School
  • Jay Campbell, Partner, White & Case
  • Sharon Treat, Senior Attorney, Institute for Agriculture and Trade Policy
  • Steve Wolfson (invited), Senior Attorney, Office of General Counsel, U.S. Environmental Protection Agency 

Full Agenda Available HERE

For more information about ELPAR, please visit: https://www.eli.org/environmental-law-and-policy-annual-review 

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