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April 2019

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April 2, 2019
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ELI Public Seminar

In the decades since the 1972 United Nations Conference on the Human Environment in Stockholm, environmental laws have expanded dramatically. However, implementation and enforcement of laws and regulations often fall far short of what is required to address environmental challenges. Environmental rule of law—which describes systems in which laws are widely understood, respected, and enforced, and the benefits of environmental protection are enjoyed by people and the planet—is key to addressing and closing this “implementation gap.”

In January 2019, UN Environment released Environmental Rule of Law: First Global Report, providing the first-ever global assessment of the state of the environmental rule of law. In addition to providing actionable next steps, the report seeks to answer questions crucial to effective environmental governance: What are the drivers of environmental compliance and non-compliance? How can environmental rule of law be advanced? What can be done to protect environmental defenders? How can government agencies ensure meaningful public participation in environmental decision-making?

Panelists:
Scott Fulton, President, Environmental Law Institute, Moderator
Naysa Ahuja, Environmental Governance and Social Safeguard Specialist (Consultant), World Bank. Former Visiting Attorney, Environmental Law Institute
Carl Bruch, Senior Attorney and Director, International Programs, Environmental Law Institute
Sally Fisk, Assistant General Counsel, PGS & EHS Compliance Lead, Pfizer
Elizabeth Mrema, Director, Law Division, UN Environment (UNEP)

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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April 4, 2019
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An ELI 50th Anniversary Master Class

Stakeholder concerns, energy requirements, multifaceted policy, and infrastructure are just a handful of the numerous and diverse topics that arise when discussing natural gas. This 50th Anniversary Master Class addressed the legal and technical issues involved with natural gas pipeline expansion projects. Case studies from Mid-Atlantic states and beyond provided examples of real world application. Our panelists provided an in-depth exploration of the obstacles and opportunities surrounding natural gas and pipeline expansion projects during this Master Class.

Panel 1: Legal Perspectives will explore the regulatory aspects and challenges associated with natural gas and pipeline expansion projects, including the state regulatory process, permitting, public utility commissions and the project approval process, the Federal Energy Regulatory Commission (FERC) process, local land use and approvals, public relations challenges and opportunities, and navigating stakeholder concerns. Additionally, expert panelists will discuss the regulatory requirements for siting pipelines for liquefied natural gas (LNG).

Panelists:
Monique Watson, Of Counsel, Steptoe & Johnson LLP, Moderator
Carolyn Clarkin, Legal Advisor, Office of Commissioner Bernard L. McNamee, Federal Energy Regulatory Commission (FERC)
Joseph Fagan, Partner, Day Pitney LLP
Kirstin Gibbs, Partner, Morgan, Lewis & Bockius LLP

Panel 2: Technical Components will focus on the technical challenges of natural gas and pipeline expansion projects. Panelists will discuss resiliency solutions related to coordination with intermittent energy sources and the issues related to providing bridge fuels like LNG, CNG, and RNG as temporary energy solutions to serve market needs while pipelines are being permitted, sited, and constructed.

Panelists:
James M. McElfish, Jr., Senior Attorney; Director, Sustainable Use of Land Program, Environmental Law Institute, Moderator
Joan Fontaine, PE, Senior Vice President, Sanborn Head
Michael Nicoloro, PE, Senior Vice President, Sanborn Head

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.


CLE INFORMATION:

In-person CLE Attendees:

  • We will have a sign-in and sign-out sheet for you to initial and fill out with time total time of attendance for the Natural Gas & Pipeline Issues Master Class.
  • We will provide you with your CLE information at the end of the Natural Gas & Pipeline Issues Master Class.

Webinar CLE Attendees (you must have selected CLE info when you registered):

  • When watching the webinar you will need to have the webinar at the forefront of your computer screen as GoTo webinar software will be tracking attentiveness and creating an attentiveness report.
  • You will need to be watching the webinar for a majority of the time to receive CLE Credit.
  • We will email you the CLE information and certification within one week of the event.
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April 8, 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:

  • NY passing congestion pricing.

  • N.C. orders Duke Energy to excavate coal ash from all plant sites.
  • In Washington, DC, 28% of VW funds ($2.3 million) to upgrade 5 diesel-powered switcher locomotives at Union Station with newer, cleaner diesel engines, “or electric engines if the technology becomes viable” over a five year period, starting in 2019.
  • In mid-March, the Washington Supreme Court heard arguments from the Department of Ecology in favor of its authority to adopt GHG emissions standards for fossil fuels.

  • Duke plans largest utility EV investment ever in Southeast.
  • NYC proposing to extend shoreline into East River to help protect parts of Lower Manhattan.
  • Palo Alto developing a sea-level rise implementation strategy.
  • Gov. Baker (MA) announced $10 million in funding availability for community resilience through the Municipal Vulnerability Preparedness Program.
  • The Texas Coastal Resiliency Master Plan was released last week.

  •  Recent Congressional developments, including the Senate vote on the Green New Deal resolution, the House bill to reinstate Paris and other recent bills in the Senate and House.
  • The federal court decision holding that President Trump could not reverse President Obama's withdrawal of certain offshore lands in Alaska from potential leasing for oil and gas development.
  • The federal court decision ruling that BLM did not sufficiently consider climate change in issuing oil and gas leases in Wyoming.
  • The Massachusetts decision allowing the  Conservation Law Foundation to proceed with its suit against Exxon concerning the effects of extreme weather events on an oil terminal.

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 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.

April 8, 2019
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An ELI Public Webinar on Energy Storage Systems Policies

Professor Richard L. Revesz, New York University School of Law, and Dr. Burcin Unel, NYU Institute of Policy Integrity, challenge the conventional wisdom that utilization of energy storage systems will reduce greenhouse gas emissions. Instead, in their recent article in the Harvard Environmental Law Review, they contend that current laws and regulations do not provide adequate incentives and safeguards to ensure that increased utilization of energy storage systems will be environmentally beneficial and economically efficient. Revesz and Unel propose that state and federal regulators adopt policy reforms that internalize emission externalities, eliminate entry barriers, and modify market rules to guarantee accurate price signals that value the benefits of clean energy storage.

Please join the Environmental Law Institute and Vanderbilt University Law School for a vibrant discussion of Professor Revesz’ and Dr. Unel’s article, which was selected for inclusion in this year’s Environmental Law and Policy Annual Review.

Moderator: 
Linda K. Breggin, Senior Attorney, Environmental Law Institute

Panelists: 
Burcin Unel, Ph.D, Energy Policy Director, The Institute for Policy Integrity at New York University School of Law, Co-Author

Daniel Adamson, Attorney/Advisor, Federal Energy Regulatory Commission

John Fernandes, Senior Consultant, Customized Energy Solutions

Kelly Speakes-Backman, CEO, Energy Storage Association

Ryan Trahan, Law Offices of Ryan Trahan

Recording of the webinar available HERE

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April 11, 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: Credit/Debit Determination

The 2008 compensatory mitigation rule allows for considerable variation in determining credits and debits. States and US Army Corps of Engineers districts across the country are currently working on developing new credit/debit approaches and methodologies. For this webinar, our panelists will discuss three such approaches. Danny Bennett (West Virginia Department of Natural Resources) will discuss the West Virginia SWVM (Stream and Wetland Valuation Metric); Julia McCarthy (US EPA) will present the new Wyoming Stream Quantification Tool and new Wyoming Stream Mitigation Procedures, and Josh Frost (USACE, Nashville District) will discuss a new Stream Quantification Tool for Tennessee. 

Speakers:

  • Danny Bennett: Natural Resource Program Manager, West Virginia Division of Natural Resources 
  • Julia McCarthy: Environmental Scientist, U.S. Environmental Protection Agency, Region 8
  • Vena Jones: Environmental Consultant, Tennessee Department of Environmental & Conservation, Division of Water Resources

Materials:

Danny Bennett Presentation

Julia McCarthy Presentation

Vena Jones Presentation

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

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April 16, 2019
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Co-Sponsored by the International Network for Environmental Compliance and Enforcement, Environmental Law Institute, and National Whistleblower Center


Whistleblowers play an important part in uncovering violations of the Act to Prevent Pollution from Ships (APPS), one of the most important and effective legal instruments in combating marine pollution today. According to a recent review of 100 APPS cases, whistleblowers have been instrumental in over 75% of successful cases, making the United States the leading enforcer of the International Convention for the Prevention of Pollution from Ships (MARPOL).

This seminar will examine different dimensions of enforcing marine pollution laws and conventions and explore the role that whistleblowers can and do play in the detection of pollution violations. The session will aim to give participants a better idea of how they can engage unconventional actors in ensuring compliance with marine pollution regulations.

This webinar is part of an ongoing Discussion Series that examines how whistleblower laws, emerging technologies, and citizen engagement are transforming the landscape of environmental enforcement today. The series aims to build capacity among government agencies, non-profit organizations and individuals about whistleblower considerations. Based on insights from the NWC, U.S. Department of Justice, and other stakeholders, the series will also examine how these stakeholders may harness the power of new technologies and existing legal frameworks to support environmental defenders and encourage environmental whistleblowing.

Panelists:
Xiao Recio-Blanco, Director of Ocean Program, Environmental Law Institute, Managing Director, International Network for Environmental Compliance and Enforcement Secretariat, Moderator
Anton DeStefano, Lieutenant Commander, Environmental Law Division, U.S. Coast Guard
Stephen Kohn, Chair of the Board, National Whistleblower Center
Joseph Poux, Deputy Chief, Environmental Crimes Section of Department of Justice, Chair, INTERPOL Pollution Crime Working Group

Materials:
Stephen Kohn presentation

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April 18, 2019
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ELI Co-Sponsored Event

On April 18, 2019, a group of leading lawyers and law professors will convene in person at locations across the United States to discuss the problem of climate change and the role of lawyers in advancing solutions. The locations will all be linked by live video/audio feeds. This is the third year in a row for this national conference on this important subject. This year’s conference will feature leading experts addressing the most important aspects of the climate crisis from a legal perspective. The conference will also address ways in which lawyers can work to make a difference on this subject of grave concern to our well-being and future.

Speakers include: Washington Governor and U.S. Presidential Candidate, Jay Inslee; U.S. Senator Ed Markey; U.S. Rep. Ted Deutch; and Prof. Michael Mann

Topics include:

  • 100% Clean Energy Future
  • Putting a Price on Carbon
  • The Green New Deal
  • Deep Decarbonization
  • Non-Governmental Solutions
  • Communicating about Climate Change
  • Organizing our Efforts
  • Getting to Work

 

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April 23, 2019 - April 24, 2019
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Co-hosted by American University's Center for Environmental Policy and The Washington College of Law Program on Environmental and Energy Law, in cooperation with the EPA Alumni Association and the Environmental Law Institute.


Following the environmental awakening of the late 1960’s, the US Environmental Protection Agency has helped achieve remarkable environmental progress even as the U.S. population and economy have grown. The agency has led the world in setting science-based standards and promoting environmental progress through innovative policies, partnerships, and local, regional, national and international negotiations.

Environmental protection in the future, however, may require new approaches, new tools, and possibly new legal authorities.

On the eve of the Agency’s 50th anniversary, this conference will consider EPA’s role in leading the nation and the world in meeting future environmental challenges.

Conference panels include:

  • Industry's Push Toward Sustainability
  • New Technologies for Environmental Protection
  • Roundtable discussion with Former EPA Administrators
  • Designing the Future Environmental Enterprise and EPA
  • Telling the Story: Communicating the EPA's Mission and Value
  • The Evolving Relationship Between EPA and the Department of Justice
  • White House Coordination of Federal Environmental Policymaking
  • EPA on the International Stage -- The Agency's Role in Bilateral Capacity-Building Efforts
  • EPA's Interface with States and Tribes
  • The Promise of Regional Collaborative Initiatives
  • Workshop: Next Steps for Building the EPA of the Future

 

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April 23, 2019 - April 24, 2019
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Co-hosted by American University's Center for Environmental Policy and The Washington College of Law Program on Environmental and Energy Law, in cooperation with the EPA Alumni Association and the Environmental Law Institute.


Following the environmental awakening of the late 1960’s, the US Environmental Protection Agency has helped achieve remarkable environmental progress even as the U.S. population and economy have grown. The agency has led the world in setting science-based standards and promoting environmental progress through innovative policies, partnerships, and local, regional, national and international negotiations.

Environmental protection in the future, however, may require new approaches, new tools, and possibly new legal authorities.

On the eve of the Agency’s 50th anniversary, this conference will consider EPA’s role in leading the nation and the world in meeting future environmental challenges.

Conference panels include:

  • Industry's Push Toward Sustainability
  • New Technologies for Environmental Protection
  • Roundtable discussion with Former EPA Administrators
  • Designing the Future Environmental Enterprise and EPA
  • Telling the Story: Communicating the EPA's Mission and Value
  • The Evolving Relationship Between EPA and the Department of Justice
  • White House Coordination of Federal Environmental Policymaking
  • EPA on the International Stage -- The Agency's Role in Bilateral Capacity-Building Efforts
  • EPA's Interface with States and Tribes
  • The Promise of Regional Collaborative Initiatives
  • Workshop: Next Steps for Building the EPA of the Future

 

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April 25, 2019
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An ELI 50th Anniversary Seminar

Last fall, the United Nations International Panel on Climate Change and the U.S. Global Change Research Program released new reports that painted a far worse picture of the consequences of climate change than previously projected. While the overall message was dire indeed, one thing is certain: we need to act now.

While a number of technologies and other methods are available to achieve radical reductions in greenhouse gas emissions, there are numerous legal impediments to implementing these activities at the necessary scale and speed. A new book, Legal Pathways to Deep Decarbonization in the United States, identifies these impediments and devises numerous ways to surmount them. Best described as a “playbook” for policymakers and lawyers, the book identifies well over 1,000 options-- legal pathways to reduce U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. The legal options identified involve federal, state, and local law, as well as private governance. Chapter authors were asked to include all options, even if they do not now seem politically  likely, giving the book not just immediate value, but also value over time. And with 1,000+ recommendations to choose from, policymakers and lawyers can pick the legal tools that work best for their situations.

On April 25, the book editors, Michael B. Gerrard and John C. Dernbach, and a panel of experts will discuss some of the legal options for deep decarbonization in the United States and offer insight as to efforts already underway to put these recommendations into action.

Opening Remarks:
William K. Reilly, Former EPA Administrator
Scott Fulton, President, ELI

Panelists:
Rachel Jean-Baptiste
, Director of Communications & Publications, ELI (moderator)
John C. Dernbach, Commonwealth Professor of Environmental Law and Sustainability, Widener University Commonwealth Law School
Michael B. Gerrard, Andrew Sabin Professor of Professional Practice, Columbia Law School
Kit Kennedy, Senior Director, Climate and Clean Energy Program, Natural Resources Defense Council
Peter Lehner, Senior Strategic Advisor and Senior Attorney, Earthjustice
Charles (Chuck) Sensiba, Partner, Troutman Sanders LLP

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

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.

Legal Pathways to Deep Decarbonization in the United States  Legal Pathways to Deep Decarbonization in the US: Summary & Key Recommendations

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April 29, 2019
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Presented by the Energy and Law Forum of the Women's Bar Association of D.C., co-sponsored by Women in Government Relations and ELI


A timely and informative discussion of innovative initiatives at the state and local level that address energy use, environmental protection, and climate change issues in the DMV. A panel of speakers from Maryland, Virginia and the District will discuss innovations and coming trends.

Panelists:
Rachel Jacobson, Counsel, Wilmer Hale (moderator)
Thomas Deyo, CEO, Montgomery County Green Bank
Taresa Lawrence, Deputy Director, Energy Administration, DC Department of Energy and Environment 
Demetra McBride, Bureau Chief, Arlington Office of Sustainability and Environmental Management
Mike Tidwell, Executive Director, Chesapeake Climate Action Network

 

 

 

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