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May 2019

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May 2, 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: Stream Restoration for Multiple Purposes

Stream compensatory mitigation projects offset permitted impacts to streams and can also yield significant ecologic benefits. Projects that leverage or integrate other programs can thus help to achieve other programmatic goals. This webinar will discuss stream restoration for multiple purposes, including endangered species conservation, water quality improvement goals, and natural resources damages restoration.

Panelists include:
Ruth Ladd, Mitigation Program Manager; US Army Corps of Engineers, New England District
Beth Bachur, Program Manager; US Army Corps of Engineers, Baltimore District Corps
Andy Gregg, Partner, Legal Counsel; RestorCap

Materials:

Andy Gregg Presentation

Ruth Ladd Presentation

Beth Bachur Presentation

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

May 2, 2019 - May 3, 2019
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This conference is co-sponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them in high-level, integrated discussions.

A top-flight faculty – including private practitioners, public interest advocates, and senior public officials from federal and state/local regulators and enforcement agencies – provide in-depth legal analyses, policy perspectives, and insights on the challenges environmental attorneys and related professionals in water law are facing today.   Join us for this in-depth course and learn about not only recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, but also the larger, emerging issues that will strongly influence water law and practice in the years to come.

What You Will Learn

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the law and counseling clients in this complex, evolving area. Just some of the complex questions our panels will be tackling include:

  • What does “compliance” with water quality standards mean?
  • Does the CWA prohibit the release of pollutants from a source when they eventually enter surface waters through groundwater migration?
  • Absent CWA regulation, what laws apply to curtail PFAS contamination?
  • Is “cooperative federalism” working in the real world? Has anything changed in the relationship between the EPA and the states?
  • With their federal consent decrees terminating, what lies in the future for regulating combined sewer systems?

 

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May 2, 2019 - May 3, 2019
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This conference is co-sponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

More than just an update on current developments, this singular course brings together cutting-edge issues in water law and examines them in high-level, integrated discussions.

A top-flight faculty – including private practitioners, public interest advocates, and senior public officials from federal and state/local regulators and enforcement agencies – provide in-depth legal analyses, policy perspectives, and insights on the challenges environmental attorneys and related professionals in water law are facing today.   Join us for this in-depth course and learn about not only recent programmatic, litigation, and regulatory developments affecting the protection of the nation’s waterways and wetlands, but also the larger, emerging issues that will strongly influence water law and practice in the years to come.

What You Will Learn

The program updates experienced environmental attorneys and related professionals and provides general practitioners with a durable framework for understanding the law and counseling clients in this complex, evolving area. Just some of the complex questions our panels will be tackling include:

  • What does “compliance” with water quality standards mean?
  • Does the CWA prohibit the release of pollutants from a source when they eventually enter surface waters through groundwater migration?
  • Absent CWA regulation, what laws apply to curtail PFAS contamination?
  • Is “cooperative federalism” working in the real world? Has anything changed in the relationship between the EPA and the states?
  • With their federal consent decrees terminating, what lies in the future for regulating combined sewer systems?

 

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May 6, 2019
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Third Meeting (by invitation only) of the Environmental Law Institute’s Corporate In-House Counsel and EHS Officers Council on the topics of emerging risks arising out of an era of increasing regulatory uncertainty

This meeting began with remarks and questions and answers by William Wehrum, Assistant Administrator of the Office of Air and Radiation of the US Environmental Protection Agency. The remainder of the meeting was a private discussion amongst the members of the ELI In-house Council's corporate EHS officers and in-house attorneys and invitees from across industry sectors, regarding regulatory risks and best practices for addressing challenges in connection with the process and reporting of environmental audits, including approaches to setting and meeting environmental objectives and targets, challenges associated with federal regulations, state regulations, and local ordinances/codes that may not be aligned, the pros and cons of conducting environmental audits under the attorney-client privilege, how to communicate successes and shortfalls, and how to best navigate outcomes and potential pitfalls.

 

Schedule:

9:45 a.m.

Coffee and Registration

10:15 a.m.

Opening Remarks: Scott Fulton, President of the Environmental Law Institute

10:30 a.m.

Discussion of Clean Air Act Permitting Compliance with Q&A:
William Wehrum, Assistant Administrator, Office of Air and Radiation, U.S. Environmental Protection Agency

11:30 a.m.

Panel Discussion on Evolution of Environmental Auditing:

  • David Batson, Esq., AlterEcho (moderator)
  • Merrill Fliederbaum, Assistant General Counsel, Environmental Law Group, Pfizer, Inc.
  • Kyle M.H. Jones, Senior Counsel, Head of Environment, Health, and Safety, Fiat Chrysler Automobiles, US LLC
  • Roger Martella, General Counsel, Environment, Health and Safety, General Electric

12:00 p.m.

Lunch (provided by ELI)

12:30 p.m.

Introductions: David Batson, AlterEcho (facilitator)

1:00 p.m.

Discussion of Current & Emerging Environmental Auditing Challenges:

  • Perspectives on current state of environmental auditing
  • Factors driving EA approaches
  • Emerging impacts and challenges
  • Learnings on effective strategies

2:30 p.m.

Break

2:45 p.m.

Discussion Continued

3:45 p.m.

Consideration of Future EHS Council Efforts

4:00 p.m.

Closing and Next Steps: Roger Martella, General Counsel, EHS, General Electric

 

 

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May 7, 2019
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Since 1989, the National Wetlands Awards has honored over 200 champions of wetlands conservation. The program recognizes individuals who have demonstrated exceptional effort, innovation, and excellence in wetlands conservation at the regional, state, or local level. Past award recipients share a dedication to protecting the nation's remaining wetlands; educating citizens, students, and agencies about the value of wetlands; and working with a diverse array of organizations and interests to advance wetlands protection.

The list of 2019 Awardees is available HERE.

May 7, 2019
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Co-sponsored by White & Case LLP, Sabin Center for Climate Change Law, Environmental Law and Sustainability Center of Widener University Commonwealth Law School, Sustainable Development Solutions Network, and ELI.


Participants were invited to learn how law firms can help implement the more than 1,000 options identified in a new book, Legal Pathways to Deep Decarbonization in the United States, edited by Professors Michael Gerrard and John Dernbach.

The legal options identified involve federal, state and local law, as well as private governance. The 34 individual topics addressed by the book relate generally to:

  • Energy efficiency, conservation, and fuel switching in buildings, industry and transportation
  • Electricity and fuel decarbonization
  • Carbon capture and negative emissions
  • Non-carbon dioxide climate pollutants

Agenda

8:00 a.m. – 8:30 a.m.

 

Registration and Buffet Breakfast

8:30 a.m. – 10:00 a.m.

 

Opening presentation by Professors Gerrard and Dernbach, followed by panel discussions on the pro bono legal services needed to turn the book’s recommendations into model legal documents and opportunities for lawyers to take part in this unique and important project.

 

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

May 7, 2019
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An ELI 50th Anniversary Seminar

The scope of federal jurisdiction over water pollution and wetlands was greatly muddied by the U.S. Supreme Court’s 2006 Rapanos v. United States decision. Rather than clarifying “waters of the United States” (WOTUS) and the boundaries of federal jurisdiction under the Clean Water Act (CWA), the Court left us with a fractured 4-4-1 decision and no clear opinion. Today, the Trump Administration is relying on Justice Scalia’s plurality opinion—requiring a continuous permanent surface flow and connection to traditional navigable waters—as the basis for amending the regulatory WOTUS definition. This amendment could remove federal protections for more than 50% of wetlands currently regulated under the CWA. Meanwhile, states and localities are struggling with how to update and clarify their own wetland-related regulations in light of these ever-evolving developments.

ELI and 30th Annual National Wetland Awards winners explored the implications of Rapanos and the proposed new WOTUS rule for the future of wetlands. The expert panelists offered their perspectives on Rapanos, the proposed rule, and the implications for the future of wetlands conservation, landowner stewardship, and wetlands program development. Panelists also explored how landowners can work closely with state agencies to protect wetlands while also advancing landowners’ business goals. Finally, panelists discussed how to effectively communicate to stakeholders the benefits of wetlands to clean water and other water resources with the goal of establishing and retaining sustainable wetland programs.

Panelists:
Amanda Waters, General Counsel, National Association of Clean Water Agencies (NACWA), Moderator
Joel Gerwein, Deputy Regional Manager, California State Coastal Conservancy
Greg Sutter, Vice President and General Manager, Westervelt Ecological Services
Angela Waupochick, Hydrologist, Stockbridge-Munsee Band of Mohicans

Materials:
ELI members will have access to materials/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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May 13, 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:

  • Montana federal court decision striking down Trump's revocation of moratorium on coal leasing
  • Supreme Court denial of cert in cases challenging NY and Illinois nuclear subsidies
  • W.D. Washington activity on coal export facility on Columbia River
  • EDNY reversal of jury verdict that found Town of East Hampton liable for beachfront erosion caused by jetties
  • Washington state court decision allowing climate protester to present necessity defense
  • Recent Congressional developments, including House passage of bill affirming Paris targets, new bill on clean energy standards, Lindsay Graham comments on need for Rs to “cross the Rubicon” plus EPA submission to OMB of final 111(d) rule
  • Report on the US Chamber’s recent release of its climate position statement and the role of members companies that recognize the risks of climate change and have been taking action to reduce their emissions in helping to share the policy discussion on climate within the Chamber

Speakers:
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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May 16, 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: Long-Term Performance of Stream Compensatory Mitigation

Few studies have evaluated the long-term performance of stream compensatory mitigation or restoration projects. Thus, little is known about the performance of these sites following the required monitoring phase. This webinar examined approaches to evaluating the performance of stream restoration projects and compensatory mitigation programs over the long term. Presentations included a discussion of a proposed framework for combining site-specific and regional evaluations to improve the ability of states to report on the administrative and ecological success of their compensatory mitigation programs at achieving stated goals and desired objectives, using monitoring data from North Carolina’s ILF program to optimize monitoring plans by determining the likelihood of reliable change detection in mitigation timeframes, and lessons learned from studies of the performance of stream restoration projects in Colorado. 

Panelists:
Greg Melia, Division of Mitigation Services, North Carolina Department of Environmental Quality
Eric Stein, Principal Scientist - Biology Department, S. Ca. Coastal Water Research Project
Matt Kondratieff, Aquatic Research Scientist, Colorado Parks and Wildlife

Materials:
Greg Melia Presentation
Eric Stein Presentation

Matt Kondratieff Presentation

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

May 16, 2019
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An ELI Signature Master Class

The Environmental Law Institute’s signature Master Class provided in-depth insight and technical perspective to participants from prominent environmental professionals. In Just Good Business, expert panelists representing private practice, government, and corporate backgrounds explored methods for becoming more effective and responsible players in the environmental field, while also maintaining optimal performance.

Agenda

2:00 - 2:15 PM

Opening Remarks

2:15 - 3:15 PM

Panel 1:  Mitigating Environmental Responsibility

Leading panelists will focus on how corporations can stay ahead of the curve when it comes to environmental liability. Corporations can implement numerous practices in order to reduce the risk of enforcement actions and manage environmental liability. Panelists will analyze opportunities for minimizing a company’s exposure to environmental enforcement and crisis events, including creating and implementing effective compliance management plans, auditing, self-disclosure, record-keeping, reporting, and preparedness for inspections. 

3:30 - 4:30 PM

Panel 2:  Congressional Investigations

Panelists will dive into investigative topics including the mitigation of climate change-related liability and lessened environmental enforcement, how congressional investigations operate and impact companies, and the scope of Congress’ authority in conducting congressional investigations. Leading experts will examine how companies have tackled an uptick in congressional investigations, best preparation practices for attorneys and companies, and best management practices during congressional investigations and potential amplified attention.

  • Raphael Adam Prober, Partner, Akin Gump Strauss Hauer & Feld LLP, Moderator
  • Karen Christian, Partner, Akin Gump Strauss Hauer & Feld LLP, and former General Counsel, U.S. House of Representatives Committee, Energy and Commerce, Chief Counsel, Subcommittee on Oversight and Investigations
  • Kristina Moore, Managing Director, Strategic Communications, FTI Consulting

4:30 - 5:30 PM

Panel 3:  Responding to Environmental Inspection and Enforcement Actions

This panel will explore ways corporations can implement effective responses when faced with environmental enforcement actions. Expert panelists will delve into opportunities to ensure compliance with regulatory authorities, pursuing the best outcomes in response to inspection and enforcement actions, managing the phases of an investigation, including document preservation, document collection for requests and subpoenas, witness preparation, and more. Additionally, panelists will address issues of attorney-client privilege, attorney work product protections, and best practices when preparing for meetings with government enforcement officials.

  • Stacey H. Mitchell, Partner, Akin Gump Strauss Hauer & Feld LLP, and former Deputy General Counsel, Environmental Protection Agency (EPA), Moderator
  • William Donohue, Associate General Counsel, Environmental, Health & Safety, Exelon Corporation
  • Mary P. Morningstar, Associate General Counsel, Environmental Law, Lockheed Martin Corporation
  • Lana Pettus, Assistant Chief, Environmental Crimes Section, Department of Justice (DOJ)

5:30 - 6:30 PM

Reception

 

Materials:
ELI members will have access to materials/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:

This program is approved in CA and TX for 3.0 CA & TX general credits. This program is also approved in NY for 3.0 PP/PM NY credits, and is Transitional and Non transitional (appropriate for both newly admitted attorneys and experienced attorneys). Applications will be made in Virginia as necessary. Akin Gump offers CLE credit in the following jurisdictions where the firm has an office: California, New York, Texas and Virginia. Akin Gump is a State Bar of California approved MCLE provider, has been certified as an Accredited Provider by the New York State CLE Boards, and is an Accredited Sponsor for the State Bar of Texas.

CLE: IN PERSON
Please check in at the security area and please have ID available to show security. We will have a sign-in and sign-out sheet for you to initial and fill out with time total time of attendance. We will provide you with your CLE information at the end of the Master Class.

CLE: WEBINAR
When watching the webinar you will need to have the webinar at the forefront of your computer screen as GoTo webinar will be monitoring attentiveness and creating an attentiveness report for our CLE purposes at the conclusion of the program. You will need to be watching the webinar for a majority of each panel to receive CLE Credit for each one. When watching the webinar you will need to listen for the announcement of a special code which will be read at some point during each panel.

Attorney Affirmation CLE Credit for Non-traditional Format Course Form – Please fill out the Attorney Affirmation Form at the end of the program and email the form to Hannah Keating (keating@eli.org) and Natasha Hill (nhill@akingump.com) on one email thread within one business week of the program date (May 24). Note: Please listen for and record the CLE codes that will be read out loud during the program on the form. If you do not include the code, you will not be awarded CLE Credit.

Training Program Evaluation Form - Please fill out the Evaluation Form at the end of the program and email the form to Hannah Keating (keating@eli.org) and Natasha Hill (nhill@akingump.com) on one email thread within one business week of the program date (May 24).

FORM DOWNLOADS:
Attorney Affirmation Form
Evaluation Form

May 16, 2019
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Presented by Sierra Club, Washington, DC Chapter
Co-sponsored by the Environmental Law Institute


Join us for a presentation and Q&A with Lisa Anne Hamilton who is the Director of the Climate and Energy Program for the Center for International Environmental Law (CIEL). She manages CIEL’s climate strategies to advance a human rights approach to climate action, provides expertise to support global climate litigation cases and advocates for sustainable principles in plastics production and utilization.

We'll cover:
• Plastic pollution of waterways, the impact on aquatic life and human health
• Industry’s push for increased petrochemical infrastructure
• Emissions from the entire petrochemical lifecycle (extraction, transportation, manufacturing, incineration)
• The need to stop using single-use plastics rather than relying on recycling

 

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May 22, 2019
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Presented by the International Bar Association, supported by the National Agriculture Law Center and the Environmental Law Institute


The concept of ‘sustainability’ elicits a range of interpretations and diverse legal, regulatory, and practical implications. Anchoring ‘sustainability’ within a legal construct and limiting the fluidity of the concept is well underway, but very much a work in progress, in particular in the context of Agenda 2030 and the Sustainable Development Goals.

Similarly, defining the concept of sustainable investment and rooting it in a legal framework is underway but very much an evolving area of legal practice. Important guidance has been provided at international levels, in particular in the form of the Principles for Responsible Investment in Agriculture and Food Systems (CFS-RAI) and the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), both of which were endorsed by the Committee on World Food Security, a joint intergovernmental body of the Food and Agriculture Organization (FAO) and the United Nations (UN). Derived from these, further guidance material has been produced by FAO, the Organization for Economic Cooperation and Development (OECD), bilateral agencies, international non-governmental organisations, and research institutions. Sustainability is very much an element of responsibility in this context. These materials have game changing implications to help ensure agricultural investment evolves in a way to keep pace with the world’s demand for food, but to do so sustainably, efficiently and cleanly while respecting the human rights and tenure rights of individuals and local communities.

This webinar focused on emerging legal issues in the area of sustainable and responsible investment in agriculture, taking the CFS-RAI and VGGT as a starting point. Presenters discussed the following topics, evolving issues, and ongoing work:

  • Emerging tools and legal models for ensuring sustainable investment in agriculture, with a focus on the UNIDROIT initiative;
  • Due diligence for proposed investments;
  • Financial instruments; and
  • Where do we go from here?

Speakers include:
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, Washington, DC (Moderator)
Margret Vidar, LEGN, Food and Agriculture Organization of the United Nations (FAO), Rome
Kate Cook, Matrix Law, London
Katherine Meighan, General Counsel, International Fund for Agricultural Development (IFAD), Rome
Valerie Johnston, LEGN, Food and Agriculture Organization of the United Nations (FAO), Rome

 

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